How to Keep a Pet Legally in a "No Pet" Apartment

If you want to keep a pet in a no pets allowed apartment you have several legal options. Foremost is if you have lived in that apartment for at least several months or if you are moving in to the apartment. If you have lived openly in a no pets allowed apartment for some time and the landlord made no mention to you to get rid of the pet then you are not legally bound to remove the pet. If you are first moving in or have decided to get a pet in a no pets allowed apartment despite living there for awhile then there are other options. Also, the landlord adding a no pets clause in your lease-after you have lived there,is illegal.

Firstly, a service dog/animal is always legally permitted in any housing. Never let anyone tell you otherwise and if they do immediately file a complaint for discrimination. This applies even if you need to get the service dog after having lived in the apartment for some time. You will need some proof that the animal is indeed a service animal, a letter for your doctor will suffice.

Another legal option to having a pet in no pets allowed housing is for the animal to be a "support animal" which usually means emotional support. Do not use the term pet, only support or assistance animal. Getting a note from a psychiatrist is very helpful in this instance, a therapist not may not be enough. It will be nearly impossible to prove you need a support animal without an official recommendation from a psychiatrist or at least a psychologist. The psychiatrist will probably need to write a diagnosis which may make you uncomfortable but if it's necessary in order to keep your pet it's worth it. Usually a diagnosis of depression is sufficient, so while you may have a more severe diagnosis, often depression will be part of almost any psychiatric diagnosis so it's possible your doctor can prescribe the support animal for depression.

An example of a support animal would be a dog who provides you with emotional comfort, relieves your anxiety, helps you go out into the world as opposed to keeping alone and depressed. It's important for the psychiatrist to stress the need for the support animal to enable you to function normally. A support animal is not a loophole to keeping your pet in a no pets allowed apartment, but it's a legal channel open to anyone who feels a strong emotional need for his/her pet. Obviously many people feel this way about their pets, but unless you can prove the need with a psychiatric diagnosis, this option will probably not work for you. You do not need to prove that you take medication, but possibly with a lawsuit leaning landlord it would helpful for the psychiatrist to write that other treatments have not been successful and the pet will or has helped more.

One more option to keeping a pet in a no pets allowed apartment is an emotional support dog which you feel you need for protection. It may be better to call this an assistance dog. This works best for senior citizens, (especially in HUD housing) but arguments can be made for every age group. Even if you are not handicapped, for whatever reason you may feel the need for protection, perhaps you are a woman living alone, or woman alone with young children. If you are a strapping male you can forget this option unless you can prove that emotionally you feel unsafe despite your apparent strong physique.

There are many more laws involved in keeping a support or assistive animal and I have included helpful web sites in the link section. There are differences in the law according to state laws but there are federal laws of discrimination which will help you as well. It's unlikely that your landlord will take you to court since that will be expensive and most landlords fear charges of discrimination. It may take months of letters to your landlord, but keep it up and you will likely be successful, don't allow yourself to be intimidated.

I should note that if your animal harms the apartment of creates problems with your neighbors the landlord may have cause to evict you or make you get rid of your pet. So do not keep a loud barking dog, have it trained to keep quiet unless there is danger. Pick up any droppings on the apartment lawn or premises, assume you are always being watched. Do not give your landlord any reason to complain and you'll be fine.

This advice is my own, I am not an attorney, I have a lot of personal experience in this matter and have done extensive research on pet laws. For professional guidance see an attorney and/or call the appropriate state department in your state.