Legal Q&A: New owner wants to change pet policy

June 16, 2015

Question: I just bought two four-plexes. I have a “no pet” policy. One tenant has a dog, cat and five kittens. How do I change the pet policy as the new owner?

Ted Kimball
Kimball, Tirey & St. John LLP

Answer: If they are on a month-to-month, you can serve a 30-day notice changing the terms of the tenancy to a “no pet” policy. If they are on a fixed-term lease, you can make “no pets” a condition of a renewal of the lease, but not until it expires.

Question: If we personally serve a tenant a notice to enter the unit and we mail them a copy of the notice, do we need to wait the required six days before entry?

Answer: California law requires six days if the notice is mailed only. If served personally or posted on the usual entry door of the premises, a 24-hour notice of entry is presumed to be a reasonable time.

Question: Can residents sit outside their front door and drink beer? Other residents are complaining.

Answer: If the outside portion where they are drinking beer is part of the common area of the premises, you can restrict that activity as long as it is restricted for all residents. If it is part of their rented space, you cannot, unless they are causing unreasonable disturbances to other residents.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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