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.

Recent Legal Q&A posts:

Tagged: Columns Compliance Legal Q&A

Join CAA

Joining CAA will help you comply with laws and regulations that you need to understand for the protection of your rental housing business.

Learn More

QUICK LINKS

Rental Assistance Program
CTRA - COVID-19 Tenant Relief Act
AB 1482 - State Rent Caps
COVID-19 - General Information
Newsroom
Contribute to the Rental Housing Survival Fund

Newest Posts

Bill would mandate lease-guarantor disclosure in five languages April 19, 2021
L.A. to hike inspection fees, but program reform possible April 19, 2021
CAA derails bills that would harm rental housing providers April 15, 2021

We have been a CAA members since 1984. CAA has provided us the guidance needed to successfully manage our property. The rental forms keep us on solid legal ground which has minimized our management workload and helped us maintain quality housing for our clients. Your weekly e-news keeps us appraised of property management issues to be on the lookout for. Your work in the California State legislature in Sacramento has provided valuable representation for our industry. Keep up the excellent work!
– Forrest L. — Ridgecrest, CA

We could not have accomplished the defeat of Measure C without CAA. We have been CAA members for over 30 years and membership fees have been returned to us “100 fold” with protection of our rental owner rights and the defeat of rent control in Santa Rosa. We at Pine Creek and Goodwin Property Management thank CAA for always supporting us.
– Patty G. — Santa Rosa, CA

I just want to say Thank You Team at CAA. Being a Landlord in California is frightening enough -- but with you, not as scary! I just know someone on the team understands!
– Kristi B. — Lewiston, CA

I would describe CAA as my "Best Friend" in this venture called LANDLORDING. So happy you are there!
– Marsha W. — Fresno, CA

Kevin, I don't say this often, but from the second we began this relationship you have been nothing but a wealth of knowledge and a tremendous help. I cannot thank you enough for being so flexible with us. Thank you again!
– Jeff P. — Menlo Park, CA

Thank you. You guys conducted a great campaign with Measure C. We would have obviously lost without your management, coordination, and hard work. Sure glad you guys are here...
– Rich B. — San Rafael, CA

I recently needed to take a few hours of classes to complete my Recertification as a CAA California Certified Residential Manager. I found it very convenient to do this through on demand classes at my office. The classes are well done and gave great education to further my property management skills. I even registered my maintenance team to listen to some of the classes. It benefitted us all. Thank you CAA!
– Beverly C. — Berkeley, CA

Andrea was very helpful and thorough. She provided different points and angles to my question for my consideration. In her questions she revealed that we need to revamp our internal paperwork and provided references from CAA's forms. I was very satisfied and felt confident in the decisions our company needs to make regarding the matter we sought with CAA. Thank you CAA. We appreciate your help.

Dear Ms. Moss, I want to personally thank you for your timely and very professional response. You are very thorough AND you provide examples and attachments how to find solutions and how to address the issues effectively. What you did would have taken me hours of research and still I wouldn't feel as confident in my ability because I am not up to date on how certain areas of a contract are practiced.

I was wary about joining CAA but after today I know I did the right thing and plan on continuing my membership for a long time.

Many thanks
– Ravi K. — Folsom, CA

I recently needed to take a few hours of classes to complete my Recertification as a CAA California Certified Residential Manager. I found it very convenient to do this through on demand classes at my office. The classes are well done and gave great education to further my property management skills. I even registered my maintenance team to listen to some of the classes. It benefited us all.
– Beverly C. — Berkeley, CA