landlord/tenant rights regarding pets

[Darrell]

In a time when millions of healthy pets yearly fail to pass back out the front door of so called animal "shelters," it's good to identify one of the major reasons why owners drop them off there in the first place.

Clearly part of the problem is being created by landlords of rental housing. Many refuse to rent to families with pets. The question is what can be done to change things? One would think that the property owner could do as he/she chooses; but that really isn't quite true in our society. For example, if one rents to the general public, one cannot refuse to rent to a given individual or family because of ethnic, religious or political differences.

So why not add a law that forbids landlords from excluding non-bothersome pets? Landlords could be provided with reasonable damage security deposits and certain rights such as requirement of cleanup of all pet duty on the premises (by the pet owners) and even a right to expell pets that become a nuisance to neighboring tenants. With stipulations such as these, it would seem reasonable to make such a law. And if it would save millions of pets from exiting "shelters" by the back door, we as a society would significantly benefit.

The question then becomes who should champion such a cause? If some shelters and/or animal humane societies are already working on this, perhaps ASPCA leadership would be helpful. It wouldn't hurt to have individuals make this suggestion to their state legislators as well. I will definitely be talking to mine (new hampshire).

[Nancy]

Just to let you know in Ontario Canada it is against the landlord tenant act to refuse to rent because of pets.
Nancy

[Darrell]

Nancy:

Wow! Good for Ontario, Canada. Thanks for the info.

[Pierce]

Nancy:

That's exactly the kind of Act they need here in the states

[Bullies2Love]

Perhaps you can back up this claim that Ontario can't refuse to rent because of pets. Is there something that also protects the landlord. It sure would give the US something to think about in solving problems.

[Nancy]

No there isn't. I am a landlord and I found this out the hard way. I had these tenants
When the woman moved in she said only her. Then there was the boyfriend, then there were three children (all in a bachelor apartment) then there were dogs. Then I found out she was breeding these dogs. There were two litters plus 6 adult dogs. The only legality was that there is a bi law only 3 dogs per unit. Told her this to get rid of the rest of the dogs. She said she phoned the OSPCA they said was not a dog unti 6 months old.
I phoned the Children's Aid re the children.
Interesting thing I found out. Dogs and children only need food, water and shelter.
If I had said puppy mill to SPCA they would have been out in a flash. Ast to the children, I was asked if I saw any bruises.
After they moved I had to gut the apartment. New kitchen, new flooring cost me a lot. In Ontario, landlords actually have very few rights once the unit is occupied. Before the tenant moves in can do reference check (which means nothing if someone really wants their tenant out they will say how good they are)

This is my experience.
Nancy
In Ont

[Sprinkles]

I am a huge advocate of pit bulls however I cannot allow them into any of my apartment complexes because of insurance on three properties and the others that I did allow we had incidences where irresponsible owners dogs got loose and attacked other Tennant's and there pets. Its a huge liability when you are involving multi family dwellings. Simone can sue me and win this I know for fact.

I allow big dogs in almost all my rental homes except the really nice ones. In the nicer properties the pet deposit would be so big most wouldn't be willing to pay it. I have to do this for several reasons one being lawn up keep. If I have brown spots in my lawn the neighbor hood association will fine me. Hell If I have a light bulb that stays burnt out for more that thirty days I get fined.

You cannot make Someone take on a Liability. This is the problem. Until dog owners are sole responsible for there pets there will be exclusions.

Its totally ridiculous but if I rent to you and your dog attacks someone else that I rent to they can sue me and they have and they won.

[Darrell]

crackers:

What you are saying is that one of the caveats of such a law would have to be a total transference of legal liability to the pet owners such that the landlord bears no responsibility for tenant pet misbehavior. I think that would be reasonable and necessary. And of course, tenant pet misbehavior would be adequate reason for expelling said tenants (or at minimum their misbehaving pets).

[Bullies2Love]

I will have to agree with Darrell here. For insurance purposes in which I find the insurance people are discriminating because of dogs and they are being stupid since any dog can bite and I would throw that up their faces. If I had the complexes I would add a little to their rent to cover that insurance bill. Next, you would draw up a legal contract to all dog owners saying that you will not be liable for any dogs attacks and that is up to the two parties. You lay out the laws in your complex and have people sign. You give people warnings if they do not follow the rules. Even if you say you are an Pit Bull lover then you would find a way to help these dogs have a home. I know I would.

People leave an apartment in a mess and no more than what a dog does.

[Sprinkles]

Nail on head.

I have thought for a long time that the owners of dogs that attack should be held responsible to the same degree as if they were the one who actually committed the attack.

I have three pits two who were fight dogs and one who was so badly neglected he had no social skills with animals or humans. None of my dogs pose a threat to any person or animal. Most of the time I dont keep them on a leash as long as I am on one of my properties.

It really irritated me to learn a pit attack happened on one of my properties. Then when the police showed up they found drugs in the owners apartment and tried to get him for distribution. I was thinking great, This is going to make the pit owners look really good. I gave him the thirty day notice my self. I let him know how disappointed I was that people associate all pit owners with people like him.

I should add that After that happened I was required to stop allowing dogs over thirty pounds in my apartments by my insurance company however I was able to work it out so that the people who had a large dog before this incident were allowed to keep there pets so long as nothing happened after the policy was changed.

[Sprinkles]

Bullies

No amount of legal contracts will keep you from getting sued in this instance. I cover my butt pretty well. I literally have a whole law firm on retainer and I still had to pay out. Granted it was only a fraction of what she wanted then out of that she had to pay her lawyers. In the end she probably made about five dollars an hour for her trouble.

The problem with allowing people in then having to evict them when there is a problem is one they feel as though what you did was wrong and they destroy the property. Two you went thru a whole process to get them in which costs money only to evict them two months later which costs even more money.



In the end its your responsibility as a dog owner to consider these things when looking for a dog or any animal for that matter. Most of the problem is everyone wants to pass the buck. Its my problem you have a large dog, its my problem your dog bites someone, its my problem your dog had fleas and you didn't take care of it then moved out, it's my problem you left your dog home all day every day and it peed and pooped all over the apartment.

In the end its all my problem.

[Bullies2Love]

Crackers,
Of course everyone wants to blame the other person other than their selves. I am not sure where you live and I know in other areas there is more problems than where I am. In the case that you had a tenant that was a druggie and that right there should have been grounds for eviction since he broke the lease if you had one. Perhaps having something in writing that if you were caught selling drugs etc you are evicted like now. LOL! One thing is to be said that just because say you find a pot smoker with a pit bull really doesn't make him a dealer until proven. We have tons of pot heads...no I am not a smoker. Many moons ago but not any more.

It seems the law sure dictates too much to us in our rights.

[Regina Dickerson]

I agree Bullies. I'm sure glad Ontario has a good law on that. Why can't the states have it?????