For pet owners and their furry companions, it is often a struggle to find landlords who are accommodating in every sense of the word. More often than not, suitable and choice housings have a no-pet policy included in the lease because the landlord finds himself reaching the limits of his patience with the pet and tenant duo. However, regardless of the perceived benefits of opting for a no-pet policy, it narrows down the prospects and reaches of any landlord. The brave landlord, who sees the juicy benefits of pet-friendly housing stands to gain a lot, among others a broader pool of tenants. So you might ask can a landlord change pet policy ?
While there is no denying that, allowing pets on the property brings with it additional risks and inconveniences, such as property damage, noise, pet-induced injuries, etc. These risks can be reduced by; putting in place good pet policies, which not only protect the interests of the landlord and his business but also smoothens the tenant/landlord relationship.
The question is, to what extent is a pet policy subject to the will of the landlord? One recurrent question is; can a landlord change the pet policy ? Well yes, Legally landlords can change pet policy. However, some requirements must be met or included in the tenant and landlord lease agreement to enable him to do so, such as; a Lease addendum, or adding a clause in the pet rules, anticipating the possibility of amendment by the landlord. Some situations supersede the landlord’s pet policy, all these and more will be explored below.
Pet Policies
Pet policies are provisions, special requirements, and rules, included in a lease, that help regulate the conduct of tenants with pets. They enunciate the expectations around pet ownership in the rental. Requiring all tenants to sign the pet agreement, which includes pet owners and non-pet owners, ensures that even if a tenant acquires a pet much later, he is still aware of and bound by the requirements of the pet policy. Pet policies differ from building to building but there are some common guidelines.
Guidelines for Creating Pet Policies
Specify the types of pets allowed.
Some landlords can allow some pets and not others, size or age of the pet, breed of the animal, number of pets allowed, and weight limits if any should be specified in the agreement.
It is crucial to specify as well that only tenants’ pets are allowed on the premises as you might find your tenants providing boarding to other people’s pets. Indicate if visitors are allowed to bring their pets along with them.
Tenants should have full charge and responsibility for their pets.
The tenants should keep their pets under control at all times, be it in cages or kennels as the case may be. The tenants should clean up thoroughly after their pets to avoid causing discomfort to others.
When can a Landlord Change Pet Policy?
There are some situations where the landlord can and is allowed to change the pet policy. When landlords and tenants sign a lease, they both enter a legally binding contract. To be able to change the policies, it is necessary to include a lease addendum to the lease agreement.
Lease Addendum
The lease addendum is another written agreement that allows the amendment of parts of the lease agreement. The lease addendum can be proposed by either the tenants or the landlord anytime after signing the lease. A lease addendum is effective until agreed to and signed by both parties. Either of the parties involved can refuse an addendum that is not in their best interest. When an old lease expires, the landlord can add new clauses to the new lease. The landlord could add a no-pet clause, and prevent new tenants from moving in with their pets, whereas old tenants have their pets in their rentals.
Emotional support animals
Emotional support pets and their owners are not subject to No Pet Clauses. People with disabilities may have animals that assist them; called emotional support animals. The Fair Housing Act and the Americans with Disabilities Act (ADA) protect disabled persons from all forms of discrimination; they are not subject to or restricted by a “no pet policy” even in cases of new lease agreements.
Conclusion
Asides from emotional support animals and their owners, a landlord has the right to make and change his pet policies, what sort of pets to allow, etc. Consulting the local laws would help the landlord guide his tenants on proper pet control measures outside the property.
FAQS
Should the landlord inform the tenants of changes to a new lease agreement?
No. It is vital to check in with the landlord for news on lease agreements ahead of the lease expiration date, as he does not have to inform the tenants of changes in a new lease.
Can persons with disabilities be denied entry because of the breed of their service animal?
No. Service animals and their owners are not to be denied entry as a result of perceived notions or prejudices concerning a particular breed. Even if the landlord has pet policies prohibiting the entry of a specified breed, this will not apply to service animals. In cases where the animal behaves in a manner that is dangerous to others, the animal is to be denied entry while the disabled individual receives all necessary assistance.
