Can Pooch Come for a Visit in a No-dog Building?

Robert S. Griswold | Steven R. Kellman | Ted Smith
30-March-2003 Sunday

This column on issues confronting renters and landlords is written by Counselor of Real Estate and Certified Property Manager Robert Griswold, host of Real Estate Today! with Robert Griswold (10 a.m. Saturdays on News Radio 600 KOGO, or on the Internet at www.retodayradio.com), and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

QUESTION: I live in an apartment building that only allows cats, but no dogs. My daughter wants to visit me for two days and she has a little dog that she must bring with her. My manager says she can't even have it on the property even if she is just visiting. Can they do that?

ANSWER: Landlord's attorney Smith: As the landlord's attorney, I regret to inform you that the no-dog provision applies to guests and invitees as well. It is not unreasonable to prohibit pets in the premises.

Further, it is unfair to other residents to allow your daughter to have a pet, even though it's only for two days. While I am sure you anticipate no problems, there could barking, snipping, and other associated problems. Please have your daughter keep her dog in a kennel for the two-day period.

Tenant's attorney Kellman: Put the dog in a kennel and miss the visit? I do not think so. Heck, dogs have feelings, too. A rule stating that your daughter's dog cannot even set one paw on the property, even to visit, seems abusive and unlawful to me.

Clearly, under certain conditions, a no-dog provision in a lease can be a valid restriction regarding dogs residing in the unit. Such a provision should not restrict an invitee from bringing their dog for a short visit.

The first amendment to the U.S. Constitution guarantees us the freedom of association. Telling you that your daughter cannot bring her dog on a two-day visit seriously impacts that freedom. It is like saying, since you have a dog and wish to travel with it, do not visit here at all, you are not welcome.

Why stop there? How about saying that anyone with insufficient credit to qualify for residency cannot visit either? While landlords wish to minimize the costs associated with ordinary wear and tear in their buildings, restrictive policies may not be so unreasonable as to strip tenants of their rights. I think your daughter should be able to visit any time she pleases with or without her dog.

Surly tenant

Question: We own a rental home and rent out several rooms. One of the tenants just moved in last month and signed a six-month lease that requires him to pay first month, last month and a security deposit. He couldn't pay the entire security deposit or any of last month's rent upon move-in but said he'd pay the rest of the security deposit and the last month's rent in two weeks.

We eventually got the last month's rent from him over two months after move-in. He then promised to pay the balance of the security deposit. This tenant has lied to us a number of times, and has now become surly when we ask him for the deposit.

Since we now have a last month's rent from him, at what point can we consider him to be in breach of the lease and give him a 30-day notice?

Landlord's attorney Smith: Your tenant is in violation of the lease agreement under which he holds possession of the premises. The lease violations you refer to subject the tenant to possible eviction.

However, you may not use a 30-day notice. The 30-day is used to terminate month-to-month tenancies only, not leases. In this case you have a six-month lease. You will need to serve a three-day notice to perform or quit which requests payment of the balance of the deposit or possession of the premises within three days after service.

If he fails to comply with the three-day notice, you will have the right to evict despite the six-month lease. Your retention of the last month's rent should not defeat your right to evict based on the lease violation.

In residential cases, I encourage my landlord clients to get away from collecting last month's rent, and, instead, call the entire amount held security deposit. This gives you your maximum use of the money for rent, cleaning, and damages. By calling the entire sum a security deposit, you are not required to give credit against rent before the tenant vacates.

Safety issues

Question: Is it safe for a single woman to be living in an apartment near downtown? If I take the place, I will have a garage space lighted by dusk-to-dawn lights. Another benefit is that it is on the second floor. Can you offer any advice?

Property Manager Griswold: You ask an excellent question, but it is one only you can answer. Your safety is your responsibility and it sounds like you have already considered certain factors.

However, I can offer some additional points to consider but ultimately it is your call. I would suggest that you speak with other tenants currently living at the property. You should also spend some time at various hours at the subject property and in and about the neighborhood and local businesses to see what the property is like. Just visiting the property during the middle of the day can be deceptive and not offer a true picture of the potential dangers that may be more prevalent after dark or on weekends.

It is also an excellent idea to contact your local law enforcement department. However, law enforcement can only give you statistics and they cannot give specific recommendations but the information may help you determine if you feel comfortable. When you are at the law enforcement office, for a nominal fee you can receive information from the Megan's Law database that contains information about registered sex offenders in that area.

Naturally, you should always do your best to be safe and minimize any risks by being careful, alert and using sound judgment. Remember, only you can decide if you feel that a certain rental property is "safe," so don't move in unless you are completely satisfied with the results of your investigation into the property and the surrounding area.

IF YOU'RE A TENANT OR LANDLORD, the authors stand ready to answer your questions in this column, although letters cannot be answered individually. Write them at: Rental Roundtable, Homes Section, San Diego Union-Tribune, P.O. Box 120191, San Diego, CA, 92112-0191. Or you may e-mail them at rgriswold.sdut@retodayradio.com

Copyright Union-Tribune Publishing Co.

Back to 2003 Rental Roundtable Index

Robert Griswold and the Real Estate Today! radio show strongly support the intent and the letter of all federal and state fair housing laws. As a reminder to all owners and managers of real estate, note that all real estate advertised is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, discrimination because of race, color, national origin or ancestry, religion, sex, physical disability, or familial status, or intention to make any such preference, limitation or discrimination." Additional state and/or local fair housing laws may also apply. Be sure to inform all persons that all dwellings offered or advertised are on an equal opportunity basis.

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Revised and Updated - Wednesday, April 26, 2006

Robert S. Griswold, CRE, CPM, CCIM, PCAM, GRI, ARM
Griswold Corporate Center
Griswold Real Estate Management, Inc.
5703 Oberlin Drive, Suite 300
San Diego, CA 92121-1743
Phone: (858) 597-6100
Fax: (858) 597-6161
Email: rgriswold.ret@retodayradio.com