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Please Help!! Whole Complex 7 Tenents have 3 days to move out

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Rizo

Junior Member
What is the name of your state! CA


Rent a Town home in Santa Clarita, California -http://www.sandcanyonvillas.com moved in a little over a year ago. In the lease it states you can't have pets even though about 40% of the people have one or two. We bought a dog about 5 months ago have never had anything said to us when anyone from the main office would see our dog they did not say anything to others as well no letters were ever sent out etc.. Our property was just taken over by a new management company & they were driving around saw my dog told me I have 3 days to get remove him & my garage can't be used for my kids bikes toys etc I can only part 2 cars in there which I do park one in there every night. My self & 2 other people received this notice about the pets & garages. The office manager knows that the people next to me have 2 cats the guy across from me has a dog & 2 cats etc However not one other person received this notice. There are even garages that you can't fit 1 car into because they are full of crap. Is it not true that since our complex was just taken over by a new management company & the old one never enforced the rules that a that a 30day notice has to be sent to everyone not just a select group of people. You see my place got flooded with raw sewage about 2 months ago & the same lady that was with the new management company driving around said that she was going to just have my carpets cleaned & not replaced. After I sent pics & called the main office of the old management company & told her that I did so she then said " Oh well let me have them replaced for you tomorrow" the other person that I know received a notice also had an issue with a broken window that took 2 months to get replaced he also has a dog. I called the manager of the new company & told him that there are several other tenets that have pets & garages that you can't even park a car in. He told me that he saw my dog that is why I got the notice, Even though the lady whom was with them let call her the leasing agent knows that there are other tenants that have pets but she is what I feel trying to get back & me for what ever reason. I even said to the man I called that I would take pictures of the cats in the windows or dogs I see & he just said listen I'm giving you 3 days & that is it. So I get rid of my dog & everyone else gets to keep there pets/there garage a mess! Is that fair can this be done? Should a notice go to everyone saying " Since the rules of the lease were not enforced before now that we are the new management company we are going to enforce them here is what we are worried about & you have 30days to comply...Please help me out with this.. They are even telling me that in a complex with about 75% of the people having kids that my 3yr son can't ride his bike on the property even though on nice days you see kids with bikes, skate boards scooters etc.. Yes it’s in the lease but never was this enforced...He said if my son wants to ride his bike he can go to & from the park & that is it.
 


HomeGuru

Senior Member
Rizo said:
Can someone with advice please respond :eek:

**A: and what type of a response do you want? One that is contrary to the terms and conditions of your lease provisions AND the House Rules?
 

rmet4nzkx

Senior Member
I suggest you call legal aid right away and respond to any notice posted.
In California if you have lived in the dwelling more than 1 year they have to give you 60 days notice ccc1946 and cannot evict you for filing a formal complaint within 180 days of said complaint re normal maintenance or damage not caused by the tennant ccc 19xx. The landlord has a duty to maintain the property, ccc19xx I could look up the codes but so can you
http://www.leginfo.ca.gov/calaw.html
While they had a pet's clause in the lease/rental agreement since they didn't enforce it nor enforced it equally, you might claim estoppel under CEC 623, since they allowed you to have a pet, this is not a sure thing as previous tenants may have had a different lease or permission, but you can argue it. Insofar as the garage if it is a closed garage parking children's bikes should not be a problem, however if it is an open garage or carport that may be a different story. Most complexes have rules re, bikes and scateboards, it is a valid safety concern and hazard for both drivers and children, so your children should do such activities in appropriate locations.
 

sarfarie

Junior Member
dog eviction

check your states laws i know in ny if you openly harbor a dog without them saying anything you can legally keep him and that clause in your lease is void. try doing a web search good luck! they tried that with us and we stayed for 7 yrs
 

Rizo

Junior Member
Thanks for the reply,

My main concern is the fact that I know of people so does the office that have pets & not one of them has recieved a notice, There is no difference in there lease at all its just the fact that they decided to pick a select group of people out of the whole complex & they are saying that when they see the pets they will then send a 3day notice. But like I said the Rental agent knows dam well that others have pets. My 2 car garage is enclosed & like I said I park one car on a public street & my van in the garage evernight. They want nothing in the garages at all but to cars. There are some people that have been here along time & the pets is allowed in there lease however I would say that is only 5% out of the 40% that have pets. Are they allowed to just pick a group of tenents out of the entire complex to send this letter to or should it not go to everyone.
 

rmet4nzkx

Senior Member
Did you bother to look up the CA codes that will save you from eviction or are you going to whine all day about it here :eek:
 

Rizo

Junior Member
:confused: I'm just looking for some advice on what to do & if this is legal meaning what they are doing. I'm not sure what codes to look up there are so many of them. I also did not see anything stating what to do if a couple people are sent notice & others are not knowing that know one else is complying with the rules......


If you have a link for the CA code that would be great, Its not like I can call them & say hay here is the CA code & what it says now I'm not going to move out.
 

Rizo

Junior Member
Anyone Else Have Any Advice

If you read what I have posted above, You will see that all I really want to know is if what the Management Company is doing i.e. Sending a 3day notice to 7 people & not the entire complex is legal. I just found out today that the Rental Agent has a best friend that has a pet up the street however she never recieved a notice. ....

Thanks,

Chirs :confused:
 

Rizo

Junior Member
rmet4nzkx said:
Did you bother to look up the CA codes that will save you from eviction or are you going to whine all day about it here :eek:
Just looking for some advice/answers
 

HomeGuru

Senior Member
Rizo said:
If you read what I have posted above, You will see that all I really want to know is if what the Management Company is doing i.e. Sending a 3day notice to 7 people & not the entire complex is legal. I just found out today that the Rental Agent has a best friend that has a pet up the street however she never recieved a notice. ....

Thanks,

Chirs :confused:
**A: if you go to court and say there is another tenant that has a dog etc., that is not going to cut it.
 

Rizo

Junior Member
Whatever!

That is why I'm looking for some kind of advice other than smart ass coments or a good come back that you had to think about for 2hrs just so it would look goood!! Did I post this question in the wrong area? Let me try again...A 3day notice to remove your pet & have nothing in your garage but a car or two was sent to only 7 people out of the entire complex of about 250 Units recieved a 3day notice to comply. Its know that 40% of the people here have pets & a garage that you can't even fit a car into. Is it legal for them to send this notice to only 7 people......


Thank you for any advice that you can give
 

HomeGuru

Senior Member
Rizo said:
That is why I'm looking for some kind of advice other than smart ass coments or a good come back that you had to think about for 2hrs just so it would look goood!! Did I post this question in the wrong area? Let me try again...A 3day notice to remove your pet & have nothing in your garage but a car or two was sent to only 7 people out of the entire complex of about 250 Units recieved a 3day notice to comply. Its know that 40% of the people here have pets & a garage that you can't even fit a car into. Is it legal for them to send this notice to only 7 people......


Thank you for any advice that you can give
**A: just for that comment, I am not helping you further.
 

Rizo

Junior Member
HomeGuru said:
**A: just for that comment, I am not helping you further.
Be that way...~~A: All I seem to be getting is the run around here with no direct answer expect for one person from ny whom replied about the issue with the dog, Other then that I get- look up the code for your state or the answer I received from you... (It depends on what type of answer you want) My intention was to maybe come across someone whom knows a little about this & get some advice. I see some really good post that people have going but then see ones where it turns into a shouting match just over someone having a question that they needed answered. :eek:
 

rmet4nzkx

Senior Member
I gave you a link to the codes, you will have to look them up because only you will know which will apply, you are wasting time by not reading through that section so you can find the law.

You are too lazy.

Here is my advice, take the dog to the humane society, that will be a lot less work for you in the end.
 
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