Is eviction for cat legal after a year?

[Love My Husband]

What is the name of your state? California

As if life hasn't already bee the pits. Today I get 30-day notice from my landlord that I'm evicted due to having a cat. For one, I'm not even sure if 30-day is legal. I thought it was 60 days. But I'm not so concerned about that. What I am is my cat.

In this area of California house shares are common. The landlord lives downstairs, and we all (three of us here) use the kitchen. About a year ago I brought my cat from my mom's house. LL knew about this and never even pretended to have a problem until my ex left. Then suddenly he's been horrible, and the other person who lives here has even mentioned it and has considered leaving over how bad I've been treated (eg LL yelling at me for dished the other person admitted to leaving, or when the other person leaves the tv on in his room when he's sleeping).

Now I'm pretty sure I read a law once that if you've made no attempts to conceal an animal that after six months it's taken as consent that it's okay to keep the animal. At no point have I ever attempted to hide this cat.

After so long, is it legal for my landlord to evict me for this cat?

To note, my cat is 17, declawed, and neutered, and he stays outside in the large fenced yard. There are about half a dozen other cats that are always around, and have been since before I brought my cat.

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

As if life hasn't already bee the pits. Today I get 30-day notice from my landlord that I'm evicted due to having a cat. For one, I'm not even sure if 30-day is legal. I thought it was 60 days. But I'm not so concerned about that. What I am is my cat.

In this area of California house shares are common. The landlord lives downstairs, and we all (three of us here) use the kitchen. About a year ago I brought my cat from my mom's house. LL knew about this and never even pretended to have a problem until my ex left. Then suddenly he's been horrible, and the other person who lives here has even mentioned it and has considered leaving over how bad I've been treated (eg LL yelling at me for dished the other person admitted to leaving, or when the other person leaves the tv on in his room when he's sleeping).

Now I'm pretty sure I read a law once that if you've made no attempts to conceal an animal that after six months it's taken as consent that it's okay to keep the animal. At no point have I ever attempted to hide this cat.

After so long, is it legal for my landlord to evict me for this cat?

To note, my cat is 17, declawed, and neutered, and he stays outside in the large fenced yard. There are about half a dozen other cats that are always around, and have been since before I brought my cat.

My response:

Notwithstanding an otherwise enforceable pet-policy provision, landlords may be held to have waived the right to enforcement. A waiver is likely to be found, e.g., if the landlord was aware of the pet's presence in the unit and nonetheless accepted rent (i.e., failed to enforce the "no pets clause").

IAAL

 

[Love My Husband]

That's what I thought. He's accepted rent every single month since the cat has been here. I tried telling him this as well.

I've been searching the laws at www.leginfo.ca.gov and am not having a whole lot of luck. If it's not too much of your time, would you happen to know the code? Or at least the section it might be in?

Thank you very much for your time.

 

[I AM ALWAYS LIABLE]

That's what I thought. He's accepted rent every single month since the cat has been here. I tried telling him this as well.

I've been searching the laws at www.leginfo.ca.gov and am not having a whole lot of luck. If it's not too much of your time, would you happen to know the code? Or at least the section it might be in?

Thank you very much for your time.

My response:

It's not "code" (statutory) law; i.e., it's not Landlord / Tenant law. It's strictly "contract law", and the law of "waiver." I haven't read your lease contract, and you've never mentioned, whether there's a clause in the contract that allows the landlord to allow a "breach" without waiving their rights. If there is such a clause, then the landlord hasn't waived anything and can hold you to the "No Pets" clause at any time.

For example, there may be a contract clause in your lease, something like this:

"Tenant, and all persons in or about the premises with Tenant's permission, shall comply with all Rules and Regulations made by Landlord from time to time and properly served upon Tenant with 30 days' notice. Any such Rules and Regulations shall be deemed incorporated in this Agreement by reference. Landlord shall not be obligated to enforce any such Rules and Regulations; and Landlord's failure to enforce the Rules and Regulations on any one occasion shall not be deemed a waiver of the right to enforce them on future occasions."

IAAL

 

[I AM ALWAYS LIABLE]

My further comment:

The above response was edited to add the "example."

IAAL

 

[Love My Husband]

There's nothing at all like that in the lease. It is a simple one-page lease basically saying what the rent is, that utilities are covered, no inside smoking, 2 people on our lease (though he later approved my ex's daughter to move in if he got custody, and even complimented her bedroom that I spent a couple months decorating), that we have to give 30 days' notice, that it's month-to-month, and no pets.

But nothing stating that he has the option to not enforce part of it and that he doesn't waive the right to later do so.

 

[I AM ALWAYS LIABLE]

My response:

You're welcome.

IAAL

 

[Love My Husband]

Cool.

Thanks.