You can, indeed, be evicted for having a pet if your lease contains a “no-pet” clause. Breaking this clause is a lease violation and would give a landlord the right to begin eviction proceedings, usually with a “cure or quit” notice that gives the tenant time to remove their pet.
Chances are, you consider your dog, cat, or other animal companion a member of the family. Can the landlord kick a tenant out for having a dog or a cat? The answer to this question is a resounding yes.
Key Takeaways
- If a tenant is in breach of a no-pet clause in their lease, they can be evicted.
- And no surprise that in pet-friendly housing, not disclosing a pet or failing to pay the associated pet fees could be grounds for eviction.
- Noisy, destructive, smelly, or health-threatening animals may justify eviction — even if the rent is paid on time.
- Service animals and emotional support animals are not pets. SERVICE ANIMAL POLICY: Service and assistance animals are not considered pets.
- A landlord can’t retroactively impose or change pet rules that modify the lease agreement without a signed addendum — but it can impose new rules at renewal time.
Why Pet Policies Are in Apartments
Pet rules are common in many apartments to protect the building and keep tenants on good terms with each other. To avoid tenants overwhelming a small unit with too many animals, some apartment associations or landlords may decide to limit the number of pets that can be owned per unit.
Some may be looking for a dog breed or size that’s mellow, well-behaved, and amenable to apartment life. The best dog breeds for apartment living should be quiet, low-energy, and small in size. Pets must be contained within the apartment, as per their owner’s unit. Pets should not be left by themselves on balconies or patios.
Learn About the Pet Policy
If you can follow your apartment’s rules and make sure that your pet does not cause destruction to the building or cause serious inconvenience, there should be no issue with your landlord. For reference, if your apartment complex is pet-friendly, you should have been able to get a pet.
It’s important to declare you have an animal, share all needed details, and pay any requisite fees or deposits. You are supposed to obey all the rules about owning a pet, like having your dog on a leash and picking up its excrement when you take it outside.
The rules remain the same if you are moving into your apartment with a pet. This shouldn’t pose a problem if your community allows pets. Just make sure you tell your landlord or management company about your intentions, and then pay all mandatory fees.
If your apartment complex does not allow pets of any kind and is not pet-friendly, you will either have to find another place that does, or put off your plans. You could be evicted if you violate the rules.
Your Pet Is a Cost
Rent arrears are the main reason for an eviction. Pet-related fees also fall into this category. You can be evicted if you do not pay pet fees, rent, or deposits.
The property management company may restrict the size, breed, and number of animals you are allowed to own. You can also expect them to conduct random pet checks. They will be paying attention to those who have pets and those who don’t.
Do Not Let Your Pet Cause a Disturbance
You can be evicted even if you are current on your rent and fees. Having an animal that’s not your pet could get you tossed. If your dog barks incessantly to the effect of driving the neighbors mad, you need to take action.
You also have to worry about the apartment getting damaged. Your lease will likely say that you’re required to keep your pets from destroying the apartment. There is your security deposit to cover a torn rug or scratched baseboard, but pet odors are hard to eradicate, and so they are framed here as damage.
Things can quickly get out of hand if your pet does not use the litterbox or isn’t housebroken. If you do not take care of these issues, your pet can cause you to be evicted. You’re accountable for your pet in and out of the sleep space. Keep your pet clean!
The Exception Is Service Animals
Landlords are required by law to allow emotional support animals and service dogs. These animals are permitted only if the tenant can demonstrate that they are a legally recognized service animal or emotional support animal. These are not pet animals, so there is no pet rent or fee. There are no breed or size limitations either.
Can a Landlord Alter the Policy on Pets?
The pet policy specified in your lease cannot be changed by a landlord. A lease cannot be changed or amended without an addendum signed by both parties. A landlord can, however, add a clause that says “no pets” to a new agreement after an expiring lease.
If he proposes such an addendum, you can try to negotiate with your landlord. Suppose, for instance, that your pet causes damage to the rental property. Your landlord may decide to evict you. Your landlord may agree to increase the pet deposit to cover any damage.
The Humane Society of the United States is a good resource to resolve pet issues with your landowner. If you are facing the eviction of your pet, they suggest you consult a lawyer. You may find free legal help in your locality to answer your questions regarding notices you received from your landlord.
As a pet owner, you have rights.
Check the local laws, like FlatrateEviction Lawyer on housing, and read your lease. You must know and protect your rights. If a lease doesn’t mention pets, you can usually have them.
Some public housing authorities and communities have laws that prohibit certain breeds or types of dogs. Local laws may override the lease terms, disallowing specific animals as pets. Even if you don’t have permission from your landlord to keep pets, it might be possible for you to continue living with your pet. This will vary depending on where you live and what kind of housing you have.
Frequently Asked Questions
Can a landlord evict you immediately for having a pet?
No. Typically, landlords are required to first give a “cure or quit” notice, which is a set amount of time to remove the pet — either by getting rid of it or by complying with lease terms requiring registration and/or insurance coverage for the animal — before moving forward with eviction.
Can you keep a pet if the lease doesn’t mention pets at all?
Often, yes. If a lease is silent on the issue of pets, tenants are generally allowed to have one unless local laws or building rules say otherwise. As with any earn-a-cottage concept, check local housing codes before taking that as a yes.
Can you be evicted for a noisy or destructive pet even in a pet-friendly apartment?
Yes. In even pet-friendly homes, landlords can still evict tenants when pets make too much noise, damage the property, or create strong odors asked for under the lease or local nuisance laws.
Do landlords have to allow emotional support animals or service animals?
Yes. By law, unless the building is a no-pet property, landlords must permit qualified service animals and emotional support animals. These are not pets, and therefore, they don’t attract a pet fee.
Can a landlord change the pet policy after you move in?
No. A landlord cannot CHANGE pet guidelines during an active lease without both parties signing a lease addendum. But new pet restrictions can be imposed when a lease is renewed.
