The Rights of Tenants with Pets in New Jersey
Tenants in New Jersey have limited rights to have pets. In most cases, landlords dictate whether tenants may keep pets on the property. Certain tenants, however, may not be prohibited from owning pets. It is the tenant's responsibility to take proper care of the pet and to control it so that the pet does not destroy property or disturb other tenants.
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Right to Own Pets
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Tenants only have the right to own pets if they get their landlord's permission in writing. Typically, the tenant's lease includes a clause stating that the tenant has the right to own a pet. In most circumstances, the landlord cannot revoke the tenant's right to own a pet in the middle of the lease term. However, if a pet destroys property or disturbs other tenants, the landlord may tell the tenant to get rid of the pet.
New Landlord
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If a landlord allows a tenant to have a pet and then sells the building, the new landlord cannot force the tenant to get rid of the pet. However, the new landlord has the right to enforce a no-pet policy for any tenants who did not have pets before the building was sold. The new landlord can tell the tenants to get rid of any pets who constitute a nuisance by disturbing other tenants or destroying property.
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Public Housing
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Tenants in public housing have the right to keep pets as long as the pets don't constitute a nuisance. Landlords in these buildings cannot enforce no-pet policies. In addition, elderly persons -- those the age of 62 or older or spouses of an elderly person who are the age of 55 and older -- have the right to keep pets in all dwellings, as do disabled persons. Landlords cannot refuse to renew leases for these people simply because the tenant has a pet.
Breeding
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Tenants have the right to breed their pets in New Jersey; landlords cannot order them to spay or neuter the pet. However, tenants do not have the right to keep the litter after it is weaned. As of 2011, landlords can order that offspring be given away once they are eight weeks old. Landlords cannot demand that pet owners give away offspring that are less than eight weeks old.
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