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No Pets Policy Questions

Before signing a lease agreement, always be sure to look over the lease and talk to the landlord with any questions that may come up. Often many individuals are looking for homes or apartments that allow tenants with pets. Many times tenants will face the problem that landlords do not allow pets, due to problems with pets in the past. When bringing a pet into a home where there is a no pets policy, the tenant can be removed from the property due to breach of contract on the no pets policy. Read below where the Experts online have answered the top pets policy questions.

In the state of Virginia a landlord has a no pets policy, but the renter claims that the pet in the home is just visiting, as a landlord what is their right in this situation?

If there is a no pet policy stated in the lease, then the renter is in breach of their lease under the no pet policy. The landlord will have the right to terminate the renter because of default. In order to do this, the landlord must give the renter a 5 Day Notice to Quit according to the Virginia law. This will state that the renter must leave the property within that time period, or they can face formal eviction. Still, if the renter has refused to leave the property, the landlord will also have the right to file an unlawful detainer petition for the formal eviction order. Once the eviction order is received, the landlord can have their local sheriff remove the renter. The landlord can file a claim for any unpaid bills and any damages that were caused and not covered by the security deposit.

In the state of Texas if the bylaws state that renters can only have two pets, and a renter has three, legally can the Homeowners Association request that the landlord evicts this renter?

In this case the Homeowners Association can in fact force a landlord to terminate a renter’s lease if they are violating the Homeowners Association restrictions. Also, as a homeowner this individual is legally required to follow the Homeowners Associations rules and regulations and make sure that all renters and visitors are following these rules as regulations as well.

In the state of Florida can a condo association allow owners with pets, but not allow tenants with pets, is this legal?

In the state of Florida there is no statute that allows or disallows pets. There are some statutes that relate and deal with disability animals, but this does not relate to non disability pets. The Homeowners Association in the state of Florida does mandate rules regarding pets on property. Pet policy rules would come from the land and/or property owner.

In the state of Maine when signing a lease, if the lease states that tenants can own a pet, but now that a visitor has brought a dog on the property the landlord has handed out a written notice to all tenants that there is pet policy to where no pets are allowed on the property even for visitors, what is the tenant’s rights in this situation?

In the state of Maine there is no legal code that specifies a situation like this. The tenant can send a response the landlord with a copy of the signed lease stating that the landlord is violating the lease agreement relating to the pet policy, and if the landlord continues this action, the tenant can file a lawsuit against them for breach of contract and a breach of responsibility to allow renters the quiet enjoyment of the property.

In the state of California if stated in the lease that there a pet policy where pets are not allowed on the property and the renter proceeded to bring a pet into the home what can happen?

In this case, if the renter is caught with the pet in their home after they have signed an agreement to a no pets policy, the landlord will have the right to evict this renter. If the renter is evicted from the home, they can face a breach of the lease, and the landlord can request that the renter continue to pay the rest of the rent until the lease is up. If and when the landlord finds another renter to replace them, the previous renter will not have to continue to pay the rent.

When finding a home or apartment, many times individuals will run into issues that relate to pet policies. Often times homes and apartments do not allow tenants with pets because of the mess that can be left over after the tenant has moved out. When dealing with pet policy problems and needling legal information relating to pets policy contact the Legal Experts online.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5332
Experience:  17 years of legal experience including real estate law.
4460311
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