Pet Policy: Breed Restriction San Diego

[David Espana]

Hi, 

I just leased to a new tenant (six-month lease) and the tenant has moved into the premises this month. Without my knowledge and consent, the tenant brought in a pit bull (or similar breed). I discovered the pet while doing repairs last Friday. The lease is standard and does indicate no pets allowed without consent. Upon consent, I do allow pets with restrictions: I have a "dangerous breeds prohibited - list available upon request" clearly stated on the lease. I also indicate other things as well on the lease such as weight limit, pet deposit (which was not collected from the tenant) and monthly pet rent (not collected because I specifically asked the tenant if she had any pets and the answer was no). 

I asked the tenant (via email) if the dog belongs to her parents who were in town visiting. She then admitted the dog was hers and was her ESA (which means emotional support animal I think). I have not responded back so that I can plan the next steps. 

My options are: 1) to post a "three-day notice to perform or quit", 2) write her to indicate the lease violation and allow her to break the lease now to find another suitable apartment. Probably anther option would be to give her a thirty-day notice to vacate one month before her lease expires (I don't need to provide any reason in the City of San Diego as long as the tenant has lived on the premises less than two-years).

I addition, I believe that this can be a problem with my property insurance if they were to ever find out that a dangerous breed lives on the premises. 

Anyway, I welcome your thoughts. 

Thank you, 

Dave