Can we keep our pets if our landlord knew that we had them?

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Can we keep our pets if our landlord knew that we had them?

We have lived in our apartment building for 2 1/2 years. The manager here knows we have pets and has since we moved in. Now the owner said we have to get ride of them or we have to leave. We have not resigned a lease and haven’t been asked to for over a year. Is she in the wrong? I need to know what our options are.

Asked on November 19, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You say there is no written lease--in that case you are month-to-month  tenants on an oral lease. That in turn means that the landlord may change the lease terms--such as by making your premises "no pets alllowed"--on thirty days notice; if you do not accept that change, the landlord could then terminate your tenancy. So without the protection of a written lease, you are vulnerable to a landlord altering the terms of your tenancy on 30 days  notice, then evicting if you don't comply.


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