By Robert Griswold
Question: A rumor is going around our complex that the landlord soon no longer will allow pets when leases come due. Can the landlord do that? I don't know where my cat and I will move if it's true. When tenants were scarce, tenants with pets were welcome; now, I feel like we're getting the bum's rush.Property manager Griswold replies:
As even the landlord's and the tenant's rights attorneys will agree, the landlord can give you a 30-day notice to change the policy regarding the acceptance of pets at any time. The only exception is for tenants with companion animals when prescribed by a licensed medical professional under the specific terms of the Americans with Disabilities Act.
While many landlords are taking advantage of the increased demand for rental housing to eliminate pets and make rental standards stricter, there are still owners that realize that pet owners can be very stable and good long-term tenants. I suggest that you do two things. First, directly contact the landlord and inquire about the policy. To play it safe, see about extending your lease under the same terms to protect your rights regarding pets. Second, begin to identify alternative properties that are receptive to pets. It will possibly take longer to find a new home, but there are still many landlords that will gladly rent to responsible pet owners.
Tenants' attorney Kellman replies:
A landlord may change a policy from allowing pets to one of "no pets." Since it appears that your lease allowed for pets, the landlord may simply change that term in a new lease. Even in a month-to-month tenancy, a simple 30-day notice changing terms of tenancy may have the same effect.
There are exceptions under Fair Housing laws. If for example, you needed a dog due to a disability based on being visually impaired, the dog stays. We have yet to see these laws tested as to whether they will protect people who feel their pets are emotionally therapeutic to them. Without this legal protection, you may be forced to either decline the new lease and move, or sign the new lease and get rid of your pet. The hotter rental market knows many victims, people and pets alike.
Landlords' attorney Smith replies:
Like it or not, with limited exceptions, the landlord has every right to prohibit pets in residential rentals. At last check, our furry friends do not have substantial constitutional rights. You might think the landlord is being arbitrary by refusing to take your pet. But, it's clear that generally speaking, pets increase the wear and tear on a rental, frequently requiring de-fleaing, deodorization, and even carpet replacement after the pet leaves.
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