Doggone the Landlord This Time

Question: I have rented my home for two years. The lease says I am entitled to one dog but does not describe the dog I am allowed to have.

The dog I had when I moved in recently died, and I want to get another one. However, the manager says the portion of the lease allowing me a dog expired when my dog died and I am no longer entitled to one. Is this correct?

Answer: A clause in a rental agreement or lease does not expire unless some stated or expected event occurs to give rise to the expiration. Given that the lease clause does not say that it would expire when your dog died, you are within your rights to get another dog. That right will be protected as long as you are under your current lease. The manager cannot unilaterally declare the clause expired.

Keep in mind, however, that when your lease expires you may not be allowed to keep your new dog. (Unless, of course, you live in Santa Monica or some other city with a rent control ordinance, where a landlord cannot make significant changes to the next agreement when a lease expires.)

Therefore, it is probably in your best interest to discuss the problem with the manager. You might find out why he no longer wants you to have a dog and work with him to overcome those concerns.

For example, if you have not already paid a pet deposit on your prior dog, you could offer to do so as an incentive to your landlord to accept your new dog.

You might also want to contact your local animal protection group, such as the Humane Society or the Society for Protection of Cruelty to Animals. Sometimes these groups have information on dogs in rental units that could help convince the manager that allowing pets can be a good business practice. Your local housing mediation program also should have some suggestions.

30 Days’ Notice Can Arrive on Friday

Q: Yesterday I received a registered letter from my landlord that contained a 30-day notice to move. I thought that all such notices had to be given to me personally. Am I correct?

A: The California Civil Code, in Section 1946, specifically allows for a Friday notice terminating a month-to-month tenancy to be served by certified or registered mail. Note, however, that the statute does not allow for service of the notice by regular first-class mail.

This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087, but cannot be answered individually.

For housing discrimination questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Fair Housing Council, Fair Housing Institute or Fair Housing Foundation office in your area:

Bellflower: (562) 901-0808

Carson: (888) 777-4087

El Monte: (626) 579-6868

Hawthorne: (310) 474-1667

Lancaster: (888) 777-4087

Long Beach: (562) 901-0808

Pasadena: (626) 791-0211

Redondo Beach: (888) 777-4087

San Fernando Valley: (818) 373-1185

South-Central Los Angeles: (213) 295-3302

Westside Los Angeles: (310) 474-1667

Orange County: (714) 569-0828

San Bernardino County: (909) 884-8056

San Diego County: (619) 699-5888

Ventura County: (805) 385-7288