The Tenant

John wanted more than anything to live in the Colonnade apartment building. It was just three miles from his office and within walking distance of the college where he attended evening classes. John was thrilled when he saw an advertisement for vacancies at the Colonnade. John met with a rental agent and completed all of the necessary paperwork. He was approved for the lease. As John read over the lease agreement, he was shocked and disappointed to find a "no-pets" clause. Surely, John's tiny Maltese dog wouldn't be any trouble. Are such clauses legal?

The Landlord

Elgin owned an apartment building. Over the years, Elgin came to believe that tenants with pets were harder on their leased premises than tenants without pets. Elgin felt like he was losing money renovating apartments that had been occupied by pet owners. Going forward, Elgin decided that he would include a "no-pets" clause in all leases. He also decided to notify all of his current tenants that pets are no longer allowed to live in the apartment building. Are Elgin's actions legal?

The Law

In residential real estate leases, it is not uncommon to find some type of pet restriction. Some leases contain a standard "no-pets" clause, which prohibits tenants from keeping any pets whatsoever on the leased premises. Other leases contain variations, such as restrictions on the size of a pet a tenant may keep or on the number of pets a tenant may keep. Some landlords require tenants with pets to make an additional security deposit as a condition of keeping pets on the leased premises. Generally speaking, such restrictions are legal.

In certain circumstances, however, a landlord may not enforce a "no pets" clause, such as when a disabled tenant requires the use of an animal, such as a guide dog, for assistance. Moreover, it is impermissible for a landlord to enforce a "no-pets" clause after a tenant signs a lease. It is also impermissible for a landlord to later enforce a "no-pets" clause if the landlord agrees to waive the clause or ignores the fact that a tenant has kept a dog on the leased premises in violation of the clause.

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.