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steve1978

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Posts: 1
Reply with quote  #1 
I (landlord) had the tenants sign an agreement which stated no animals allowed.  Now I am selling the home (in California) and my realator who went to the home a few weeks ago said there was a dog inside.

Am I allowed to withhold any amount of the deposit for this and if so what $ amount am I allowed?
(besides any damages the animal may have caused).  Thanks!
MikeTfromCA

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Posts: 125
Reply with quote  #2 
First you need to serve them a 3-day notice to 'Perform or Quit', then after 3 days return to the property to perform an inspection to verify that the dog is indeed gone.   If it's not, then proceed directly to filing an unlawful detainer action against them (an eviction).  You will need to do this to not only enforce your rental agreement with them, but to provide thorough documentation for if in the event they contest any deductions you apply from their security deposit for them having a dog (i.e. they could argue that they never had one, or that you verbally or by other means knew of it and were accepting of them having one).  The 3 day notice will serve to put them in a very unfavorable position should they contest it.  You will be allowed to deduct from their security deposit only for the amount incurred to you for any damages to the rental that were caused by the dog, that's all that state law will allow you to do (you can't keep their entire deposit just because they have/had a dog).

BTW, are you sure this dog is a pet? or is it a service animal? If it's a service animal, then they're protected by law and you are required by law to allow it.  To do otherwise would be not only illegal, but be grounds for them to file a discrimination lawsuit against you since they are a protected class.
12Jgoldt

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Posts: 30
Reply with quote  #3 

What does your lease state concerning valuation of no-pet policy? Check it out. If there is a clear description of what will happen if the tenant has pet none are allowed, you should follow those guidelines.

If the lease doesn’t state what fines tenants could be charged, then it’s better to consult with a lawyer.

melanie_black

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Posts: 3
Reply with quote  #4 
Well, I understand the owners, actually. I would act in the same way I suppose. Also, I would like to add that  handmadewritings.com provides custom writing essays
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Handmadewritings provides any custom papers
melanie_black

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Posts: 3
Reply with quote  #5 
Quote:
Originally Posted by melanie_black
Well, I understand the owners, actually. I would act in the same way I suppose.

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Handmadewritings provides any custom papers
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