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The act says that tenants should have the right to ask permission to keep a pet a request which a landlord can't refuse without a good reason. Good reasons could include allergies, conditions in the building's lease, or the landlord's insurance policy.
A landlord would need a good reason to refuse. For instance, if a home is too small for a pet to be feasible. The government's new model tenancy agreement is its recommended contract for landlords. But there is no obligation to use it and most landlords don't.
Landlords can no longer issue a blanket ban on tenants having pets. Instead, under the government issued model tenancy agreement, the default position on rental property and pets is that a landlord will rent to tenants with pets.
Under the California Civil Code, landlords of a property must ensure that certain conditions are met which make the living space habitable and safe for potential lessees. These conditions include ensuring proper electric, gas, and plumbing utilities, as well as installing proper locks and security systems.
Tenants can be given a specified amount of time to fix the problem, usually between a few days and one week. If the tenant does not remove the unauthorized pet or have it properly registered within the specified time frame, the landlord can choose to begin an eviction.
In a residential landlord case with a tenant owned dog that bites another causing bodily injury, the California court noted that a landlord could still be liable for the tenant owned dog: "a duty of care may not be imposed on a landlord without proof that he knew of the dog and its dangerous propensities.
Under California's strict liability dog-bite laws, the dog's owner is liable for any injuries caused by the dog. However, in certain cases, landlords can also be held liable for dog bites.
If a tenant is found to be keeping a pet despite the tenancy agreement stating that they can't, the landlord has the right to evict them from the property as it is considered a breach of contract.
Some landlords just say no when it comes to pets, and California law allows them to do so. If your lease specifies that you may not have pets, your landlord can evict you for getting one. The Federal Fair Housing Act, however, supersedes a landlord's no pet policy.