Can My Landlord Evict Me for Having a Dog When I've Had the Dog for Years?
Having a dog, or any pet, in your life is a fulfilling experience. Yet if you rent an apartment or lease a home, you are legally responsible for informing the landlord of your pet, even if he neglected to mention the pet policy. This should be taken care of prior to moving in to avoid complications later on. Even if you live with your pet for years, if the landlord discovers your secret at any time, he can legally evict you for housing an unauthorized pet, just the same as if you neglected to pay rent.
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Your History
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You have known the dog for years, understand its habits and can vouch for its medical history. However, if you haven't shared this information with your landlord, she has no idea as to your dog's temperament or health. For all she knows, your dog could carry fleas, scratch the carpeting or show aggressive behavior around other tenants. Think of it as finding out a stranger has been living on your property.
Landlord Liability
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Provided the landlord has no knowledge of the dog's existence, he is not responsible for injuries a dog may inflict on other tenants. However, he will need to pay to fix any damages to the leased property caused by the dog or have the property cleaned if the dog has fleas. This is why most landlords usually have a pet policy to be signed along with the traditional contract.
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Pet Policy
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The pet policy documents legally proves the landlord's knowledge to which tenants own pets. Many policies require the animal to be spayed or neutered and have their rabies shots. Either a monthly pet fee or an upfront pet deposit will act as ways for the tenant to pay for the convenience of having the pet, as well as to cover the cost of estimated damages to the property. While this might not sound fair, you must remember that the landlord cannot judge whose pet will cost him and how much.
Prevention
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Look for apartment homes that allow pets and will either have a low monthly fee or a refundable pet deposit. Be upfront with your landlord that you own a pet. Feel free to let her know the name, breed, appearance and a brief medical history, but do not allow this as an open invitation for personal questions regarding yourself or your pet.
After the Fact
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If you get caught with a dog in your rented home, fess up and apologize to the landlord. Inquire about beginning a pet policy immediately, especially if other tenants have that privilege, and offer paying for the time your dog has already been living there. Should the landlord continue eviction proceedings, as he has every right to, you will need to find another pet-friendly apartment and be more upfront in the future.
Exceptions to the Rule
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As dogs can be used as service animals, a landlord cannot evict a tenant who is reliant on the dog. Those with physical handicaps, for example, as a blind person using a seeing-eye dog, cannot be evicted for owning the animal. The Pittsburgh Post-Gazette reported in 2011 that a Pennsylvanian woman fought her eviction because her dog was prescribed by her doctor for emotional support. Of course, you would need to show medical proof of your need for the dog before objecting to the eviction.
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