Renters Rights for Pet Owners
At the Federal Level
The federal housing regulations were originally written for elderly and handicapped tenants who lived in assisted living buildings. By law both elderly and handicapped persons can have common household animals such as cats and dogs living with them. Often this rule also applies to federally funded apartment complexes as well which includes HUD (Housing and Urban Development) and Section 8 housing. If a tenant requires a service animal, guide dogs are an example, the rule is expanded again to include any suitable housing even if not federally funded. The only exception with this rule is when a pet becomes a nuisance to neighbors, other tenants, or in general; this is defined as causing excessive noise, security and safety issues or health problems for others.
At the State/Local Level
There are many state and local governments with laws which allow for landlords to order the pet to be removed, but only in a certain amount of time after finding out about the pet. New York State and New York City are good examples of this. If the order to remove the pet isn't given within the time period, the pet becomes exempt from tenant obligations. This time limit is one of many renters rights for pet owners when the lease doesn't allow pets. New York City regulations allow a three month time limit for a tenant to keep a pet if the owner or their employees should be aware of the pet. This ruling is effective if the tenant does nothing to hide the pet during the time period. If the order isn't given within that time, neither the tenant nor the pet can be forced to leave because of the pet living there. Examples of this are food bowls, litter boxes and toys being kept in plain view when the owners or employees are present. If they see these items, under the law, this is considered reasonable awareness of a pet living in the unit.
About Lease Terms
A landlord cannot deny pets unless it is actually written in the lease that pets are not allowed. Again, this cannot include service animals. Among other renters rights for pet owners is the rule that landlords cannot charge more rent if you have pets, or set stipulations for you if you have pets without a written 30 day notice. Be aware this does not include security deposits. Another thing your landlord cannot do is enter the unit and physically remove the pet without notice or a reason. You also cannot be evicted because of a pet without the landlord using normal eviction procedures, which include a 30 day written notice. Your landlord cannot threaten to harm the pet, attempt to harm the pet or cause actions which harm the pet.
About Security Deposits
Among renters rights for pet owners is the law that landlords cannot withhold your security deposit because you own a pet. To do so, they must show that the pet caused physical damage to the property. A landlord also cannot demand an additional security deposit when a pet is found to be living in the unit. Landlords can, and often do, charge an additional deposit for pets as part of the initial security deposit. Landlords can, and often do, stipulate the type and size of pet allowed as well as the number of pets allowed per unit.
Legal Issues
One of the biggest renters rights for pet owners is that landlords cannot threaten legal action if you don't remove the pet. Your landlord and you must go to court; only the court has the ability to order removal of the pet. If the court rules against you, you will be given a period of time to find your pet a home. If you are ordered to remove the pet, and do so within the time limits, you cannot be evicted for having the pet. To start this action, your landlord must give written notice that the pet must be removed.
Sources:
Federal Housing Regulations
New York City Rent Law
Pet Renters Rights
Published by W. A. Swan
William A. Swan lives in Upstate New York. He has written on a variety of subjects to help educate people related to daily living, pets, health and finances. View profile
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4 Comments
Post a CommentI live in Massachustts and at the same addess for almost 4 years with my 2 pets .My pets never bit anyone or caused any trouble. Now I am told that I have to move because the landlord insurance company doesn't cover them. What should I do because I can't find a place for my family and pet. The landord raised my rent from $1000.00 a mo. to $1500.00 a mo. to force me out.
Good to know. :-)
Very good informations, good article.
Very interesting-- I didn't know this,and neither did my dog.