can you decline a tenant for too many pets

Lyra Rowan

2 min read

·

29-09-2024

2

0

Share

Can You Decline a Tenant for Too Many Pets? Navigating the Rules of Pet Policies

As a landlord, you want to protect your property and maintain a pleasant living environment for all tenants. This often leads to questions about pet policies and the limits you can place on furry residents. A common query is: Can you decline a tenant solely based on the number of pets they want to bring?

The answer, as with many legal matters, is not a simple yes or no. It depends on several factors, including your location, local laws, and the specific wording of your lease agreement.

Understanding Fair Housing Laws:

The Fair Housing Act (FHA) prohibits discrimination based on certain protected characteristics, including familial status. This means you cannot automatically deny a tenant with children. However, the FHA does not specifically protect pet ownership. This leaves landlords with some leeway regarding pet policies.

The Importance of Clear Policies:

"The best thing to do is have a written lease agreement that outlines your pet policy," advises a user on Brainly, a Q&A platform for students. This includes specific rules on the number of pets allowed, breed restrictions, pet fees, and any other relevant information.

Crafting a Pet Policy:

• State your pet policy clearly and concisely in the lease agreement.
• Be mindful of local ordinances: Some cities have laws restricting breed restrictions or requiring landlords to allow a certain number of pets.
• Use "reasonable" limitations: While you can set limits on the number of pets, avoid arbitrary restrictions. For example, limiting pets to two "small animals" is vague and potentially problematic.
• Consider "pet-friendly" options: If you want to attract more tenants, offering pet-friendly units can be beneficial.

Beyond the Numbers:

Remember, the number of pets isn't the only factor. A landlord can also decline a tenant based on:

• Previous pet-related damage: A documented history of pet damage in a previous residence can be a valid reason.
• Aggressive breed concerns: Some landlords may have policies against specific breeds deemed dangerous. However, this must be applied consistently and not target certain groups.
• Animal allergies: If a tenant has a severe allergy, you may need to consider their medical needs.

The Bottom Line:

While you can't automatically deny tenants based on the number of pets, clear and well-defined pet policies in your lease agreement are crucial. Consult with a legal professional to ensure your policy complies with local laws and provides you with the necessary protection.

Additional Tips for Landlords:

• Communicate openly: Discuss your pet policy with potential tenants early on to avoid misunderstandings.
• Offer pet-friendly amenities: Consider adding features like fenced yards or pet-washing stations to attract tenants with pets.
• Stay informed: Keep abreast of changes in local laws and regulations regarding pet policies.

By navigating the complexities of pet policies with clear communication, responsible restrictions, and legal guidance, landlords can create a harmonious living environment for both tenants and their furry companions.