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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35374
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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We had decided to put our home on the market for sale as of

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We had decided to put our home on the market for sale as of 9/4/2013. At this time the tenants who are under a year lease until 12/31/2013 were given a 60 day notice to vacate effective 11/4/2013. We cited to them the clause "just cause" (sale of home). Is sale of home considered just cause in the state of Calif?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Is sale of home considered just cause in the state of Calif?
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Unfortunately no, the sale of a home in CA would not allow the owner to terminate the lease contract unless that right was specifically reserved in the lease contract itself. When a landlord and tenant enter into a lease, that is a legally binding contract that either party can enforce against the other. The tenant has a legal right to "exclusive use and possession" of the property for the entire lease period and the landlord is entitled to be paid rent during that entire period. If either party breaches the contract, the other side can take legal action to protect their rights under the contract.
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I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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Thanks

Barrister

Customer: replied 3 years ago.


In the initial lease, we agreed to 1 dog and 1 cat. Upon giving due notice to visit the property with the prospect of putting it up for sale, we became aware that the dog was very aggressive to the point of having to be locked up so as not to attack us. My husband sent notice at that time, that the dog due to its aggressiveness was to be removed from the premises. The tenant refuses to do so. Do we have any recourse as far as the lease goes?

Do we have any recourse as far as the lease goes?
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As a practical matter, if the lease allows a dog, then it really isn't legally relevant whether the dog is aggressive and protective or not as long as it is not causing any damage or has injured someone.
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From a behavioral viewpoint, dogs are very territorial and could have viewed you as a threat and was attempting to protect the owner.
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So unfortunately, once again I would have to say that no, having an aggressive dog would not appear to be a breach of the lease based on your comments allowing you to terminate it and force the tenant to move out early.
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I am sorry the news isn't better, but you don't want to put yourself into a position where the tenant will be able to sue you for breach of contract. As a landlord myself for over 24 years, I have only been sued once....and the tenant lost. But I see tenants suing landlords with legitimate claims on a regular basis.
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Barrister
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