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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 17524
Experience:  B.A.; M.B.A.; J.D.
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I reside in California as a tenant in a sfr neighborhood. I

Customer Question

I reside in California as a tenant in a sfr neighborhood. I have a landlord who lives immediately next door to me. She's never been friendly and frankly is cold to every neighbor. I have a dachshund. Two different neighbors across the street have new puppies. My dog's being blamed for crying and barking at odd hours of the night. My mother in law resides a half mile from me. During the day while we're at work, we drop the dog off there to play with her dogs. This has always been done and still is, well before we heard anything of complaints. If we're going to be out for the night, the dog stays at her house. The landlord has filed a complaint with her prop. manager but not with the city, code enforcement or animal control for the crying of god knows whose dog claiming its ours. its not. Period. Both my wife and I are light sleepers and had we heard him crying in the middle of the night, we both would've heard it. Furthermore the times she's claimed shes heard him, he hasn't even been with us and was at my mother in laws. Fact. Im curious about muni codes: 6.04.050, 6.04.060 -.070, .080, .090, 100. They basically state she can't enforce the clause that in the lease agreement that states I'm or my animals are an annoyance and evict me without following the muni codes above first. is this true or can this be based on hearsay and she can force me to remove my dog or vacate?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 1 year ago.

It is true. She has to follow the procedures as outlined in the Codes before initiating eviction action against you.

The eviction cannot be based on hearsay. There must be concrete evidence. Based on your post here she does not have any concrete evidence and thus she cannot prevail. If the dog is not even at your house when the barking was/is going on, then she would have trouble evicting you for your dog barking/crying at those hours, period.

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