Nervous Landlady Wants Barking Dog to Go

Question: This may be more of an ethical problem than a legal one. I have been renting the same house on a month-to-month agreement for more than 20 years. Our landlady lives only a block away. Cats have always been allowed without a deposit.

A few years ago, my husband found a black Labrador puppy. After we were unsuccessful in finding the owner, we approached the landlady about keeping the dog and offered to pay a deposit. The landlady was reluctant, but her husband convinced her to let us keep the dog without having to give them a deposit. That was almost four years ago.

Now, all of a sudden, the landlady has decided she’s afraid of our dog, which barks at her when she comes into our yard. She is concerned that our dog is going to bite her or anyone who comes back there and she will get sued. She’s asking for a deposit and tells us that the dog is never, ever allowed in the backyard, period.

Our dog only barks at strangers and has never bitten anyone. This doesn’t seem fair. Does she have the right to change the rules?

Property manager Robert Griswold replies:

You are right. This is more of an ethical problem than a legal problem as legally the owner can change the terms upon 30 days’ written notice. The owner can require a deposit or can even require you to get rid of the dog.

While it may not seem fair (and notwithstanding your claims that the dog is gentle), the owner does have a legitimate concern that she could be sued if your dog were to hurt someone. Unfortunately, there have been incidents in which a tenant’s dog hurt someone and the landlord was sued.

Attorney Steven R. Kellman replies:

No, it may not be fair and yes, a landlord may change some rules in a month-to-month tenancy, which may include forcing you to give up a pet or move.

While your landlady may have an arguably legitimate concern about the barking, she may also be overreacting. You may explain that some barking at strangers may be an added benefit of security for the property. You can point out the four years of trouble-free dog residency. You may wish to let her meet the dog (carefully) to calm her fears. Explain that the yard is very important to the dog and keeping it in the house every day is really mean to your pet.

Reason with your landlady. She is probably afraid of the dog because she does not know what you know about your pet. Share that knowledge and try to dispel her fears. Once done, you may find it much easier to find common ground for agreement about your dog.

Attorney Ted Smith replies:

Like it or not, the landlord does indeed have the right to change the rules. Let me tell you why it is fair.

As Griswold points out, everything about your month-to-month tenancy can be changed upon 30 days’ written notice. For 20 years, your mere month-to-month tenancy gave you--in the back of your mind--the freedom to know that you could pull up stakes and vacate with notice. You gain no further rights just because you’ve lived there a long time.

It’s fair because there’s a whole world of difference between a cat and a territorial Lab who may growl and intimidate visitors to the property, including the landlady. The bottom line is that she can make the dog go, because California landlords do have the right, with limited exceptions, to prohibit pets in residential rentals.

Document Plumber’s Damage as Backup

Q: About six months ago, my landlord installed low-flow toilets. When the plumber installed mine, the footprint of the old toilet was different than the new one. This left an unsightly caulking mark where the toilet was removed, plus the plumber cracked the sheet vinyl flooring. I am concerned that the owner will charge me for this damage by deducting money from my security deposit when I move out. Is this proper?

Griswold replies:

No, I do not believe that it would be a proper deduction. You should not be charged for any damage caused by workmen employed by the owner.

I would suggest that you immediately contact the owner and explain the situation. Then be sure to document your conversation in writing and take some photographs and brief notes to protect yourself should the owner attempt to charge you when you move out. Of course, you do not even need to develop the photos unless you ultimately go to court.

This way you can demonstrate the actual condition of the unit when you left. This is also much more reliable than friends’ or neighbors’ testimony.

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If you have a question, send it to Rental Roundtable, Real Estate section, L.A. Times, 202 W. 1st St., L.A., CA 90012. Or you may e-mail them at [email protected].