If my apartment building just got sold and the new owner wants to get rid of my dogs, can they legally do that? 2 Answers as of June 25, 2017

My apartment building just got sold. We still have the same apartment manager and he just told my mother we had to get rid of both my dogs. There both Chihuahuas. One is an assisted living dog. The other I'm getting a certified as an assisted living dog. He and the new owners know we have the dogs and we have both on the new lease we singed before the apartment building got sold.

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Law Offices of George H. Shers | George H. Shers
The new buyer steps into the shoes of the old owner. Until there is a new lease [in a month to month tenancy it automatically renews, but the owner can offer new terms if gives 30 day notice [60 if lived there at least one year], the exact terms of the old one continue to apply, and whatever knowledge of the prior owner and their agents [building manager] had is assumed to be part of what the new owner knows. I do not know anything about assisted living animals, but i assume in California they probably can not be part of any exclusion of pets clause in a lease, so you should be able to keep the one already certified [the company that does the certification will know what your local laws are, as individual cities, especially if they have rent control, may have additional tenant friendly rules]. Ask the manager why the new owner wants the dogs out, considering all the circumstances that exist. Does he just want to add a pet charge, worry about apartment damage, clean up outside your actual unit but on the common grounds, etc. Most insurance companies as to the building owner allow tenant pets except for a few large, very aggressive types.
Answer Applies to: California
Replied: 6/25/2017
Patrick W. Currin, Attorney at Law | Patrick Currin
It depends on the terms of your lease if it is for a fixed term. If it is month to month, then the terms can change each month. "Assisted Living" is not a protected class under the ADA. Under California law an Emotional Support animal may confer some rights.
Answer Applies to: California
Replied: 6/25/2017
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