Dangerous Breeds as Service Animals--California

[Christine Swaidan]

Where the heck are all those pit bull type animals living? My insurance company doesn't allow me to rent to people with these dogs but they are all over the place. My real question:  Perspective tenant has service animal that is a "dangerous breed". I don't have a problem disqualifying her for other reasons. Is it legal for me to not allow a service dog because it is a pit bull type breed?

[Amit M.]

"How is it possible that I have to allow a service animal that my insurance will not allow. If perspective tenant sued me who do you the judge would favor?"

You know that's a very interesting question. And one I'm sure will eventually (if it haven't already) get litigated. Some poor LL schmuck will get "sued" by a tenant, and will have to go through this whole thing in court, to create a precedence so we can write comments in BP about the results. 

I highly suggest: YOU do not want to be that poor schmuck that creates this case!  Deny her on something demonstrable and legit on her app, and get her off your back!  Don't even mention the service animal!  I'd be succinct and quick about this.

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On a related issue. Say I have a residing tenant, and they all of a sudden "need" a service animal. If they are month to month, how can I terminate the tenancy?  If there is absolutely no rent control protections, in CA you can terminate month to month leases with just a 30 or 60 day notice. No reason is even needed. So they say they need the animal, I say I want to end lease. But if I say, or it appears, that's it's due to the animal, I could be in hot water. Anyone have any experience with this?  Frickin CA is such a PITA when it comes to tricky tenant issues!