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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17902
Experience:  B.A.; M.B.A.; J.D.
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Ive been living in my apartment In Hollywood, CA for 9 years.

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I've been living in my apartment In Hollywood, CA for 9 years. I never signed a lease. I recently got a dog.   The landlord wrote me a letter saying I have to get rid of the dog or will be evicted. Another tenant has a dog and the landlord has permitted that tenant to keep the dog. I going to keep my dog. Do I have any rights to stay in my apartment?

 

Do I have any rights to stay in my apartment?

 

Response: Yes you do. If the other tenant is keeping his/her dog, the Landlord should do the same for you. Otherwise, if he sends you eviction notice because you did not get rid of the dog, ignore him. He has to then file an unlawful detainer (eviction) action in Court and obtain a Writ of Possession before he can force you out. When you get the summons from the Court, do not ignore it. Vigorously defend the eviction action by pointing out that another tenant has a dog and the Landlord is not evicting that tenant because of it.

 

Also, note that there is no self-remedy to eviction in California. Thus, your Landlord cannot change your locks, shut-off your utilities in order to force you to move. The Landlord must file eviction action in Court and obtain a Writ of Possession before you can be forced out of your unit.

 

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