Breaking a Lease Service dog

[Dana]

Please help me, I have a tenant that has moved her mother in her apartment without notifying me. The mother has a service dog, I have a no pet policy. Do I have the right to tell the mother and dog to leave? The mother is not on the lease.
Thank you

 

[army judge]

Please help me, I have a tenant that has moved her mother in her apartment without notifying me. The mother has a service dog, I have a no pet policy. Do I have the right to tell the mother and dog to leave? The mother is not on the lease.
Thank you

Forget about the dog for the moment.

Your state is very friendly to people with the "infamous service dog".

Your tenant is in violation of her lease.

She has moved her mother in, according to your account of things, so you can serve her with a notice to quit or vacate the premises.

That way you can eventually evict her and any other "John or Jane Does" residing at the address.

In California, California Civil Procedure Code § 1161(3) gives the tenant three (3) days to cure an alleged violation of the lease agreement or move out before, YOU, the landlord can file for eviction. By the way, not only is she violating her ease by harboring mom, you can also try to use this to address the dog. Yes, its a service dog, but mom would have to admit to residing illegally with your tenant.


If she doesn't vacate voluntarily, I'm betting she and mom won't, then you can bring your action.

Google (EVICTION your county, CA) and you'll likely get the court site with additional instructions for your area.

Here is some reading to acquaint you with the process:

http://www.nolo.com/legal-encyclopedia/terminating-rental-agreement-lease-cause.html

http://www.sandiegoevictioncenter.com/Terminating_the_Relationship.html

http://www.tsci.com/pdfs/form577.pdf

 

[Proserpina]

In addition to AJ's excellent advice...

TREAD CAREFULLY. There's a decent chance that they're going to start all sorts of things to force you into letting them stay - dog and all.

 

[disagreeable]

Again do not make this a dog issue. It is an illegal tenant issue.

 

[fletcherrhoden]

The dog is not the issue -- it's a matter of having a resident who is not on the lease. You can charge more for an additional tenant, so moving someone in who is not on the lease is the same as stealing from the landlord. It's also a clear violation if that person's name isn't on the lease -- doesn't matter how medically challenged they are. Landlord's don't run public housing for the differently abled.

 

[army judge]

The dog is not the issue -- it's a matter of having a resident who is not on the lease. You can charge more for an additional tenant, so moving someone in who is not on the lease is the same as stealing from the landlord. It's also a clear violation if that person's name isn't on the lease -- doesn't matter how medically challenged they are. Landlord's don't run public housing for the differently abled.

You wouldn't stop, I was forced to stop you.