Laws About Rental Rights With a Companion Dog
Renting an apartment with a dog can be difficult. Unless the dog is medically necessary, there are no federal laws siding with pet owners. Landlords may state a preference as to whether they will rent to owners with dogs. Some regions have specific legislation in place against certain breeds. Local laws can vary wildly, and can range from prohibitive to encouraging.
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Service Dogs
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Any dog that is deemed a service dog cannot legally be barred from an apartment setting, regardless of any "no pets" clause in the lease. Service dogs are those that are trained to help with a variety of situations, including the blind, elderly, disabled, or those with mental illness. Barring a tenant with a service dog from renting an apartment is considered a discriminatory act, and is illegal in the United States under the federal Fair Housing Act. However, Service dogs are often considered separate from companion animals in legal terminology.
Common Restrictions
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Some locations have breed specific legislation, or laws aimed at eradicating certain types of dogs. Landlords and rental agencies also often have a list of breed restrictions, usually dogs that are of the "bully" breeds--commonly pitbulls and bulldogs. Landlords also may enforce height or weight restrictions on dogs. Landlords are allowed to state how many dogs are allowed in the residence as well.
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Pet Deposit and Pet Rent
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A landlord is legally able to charge a deposit, refundable or not, if the renter has an animal in the dwelling. They may also charge monthly pet rent in addition to the normal fees of renting the apartment. Make sure you clearly understand the terms and conditions set down by the landlord before signing a lease, and make sure everything is written down. By signing a lease that says "no pets allowed" but having an oral agreement that says otherwise, you may be setting yourself up for trouble in the future.
Enforcement of a No-Pets Clause
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It has been found in several areas, including cases in New York and New Jersey, that if a landlord knows about a renter's dog for a significant period of time (usually three or more months) but does not object to his presence, the landlord may lose the right to enforce a written "no pets" policy. Unless the landlord can provide proof that the dog has been a nuisance, generally, if taken to mediation or court, the tenant will win the right to keep their dog.
If a landlord tries to change the pet policy, particularly when renewing a lease, it can be argued that the tenant should be allowed to keep their pet. This has successfully been shown in several legal cases in the United States.
Pet Resumes
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Some landlords will waive their pet policy if a tenant proves they are a responsible owner. Many pet owners choose to make a "pet resume" to show prospective landlords. This shows initiative on the part of the owner and responsibility as well. Pet resumes should include pertinent information such as vet records, obedience training, how a dog has coped with living in similar dwellings and references from neighbors and prior landlords. Also include a written letter from your veterinarian if possible.
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References
Resources
- Photo Credit Eddie Van 3000, http://www.flickr.com/photos/e3000/2104850919/
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Comments
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great power to the pits.
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hmmm thought *companion* pets and service pets fell under same category. I guess not.
