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I am a first time landlord, in Las Cruces, New Mexico. We…

Hi. I am...

Hi. I am a first time landlord, in Las Cruces, New Mexico. We have a house, which is for lease, and have already leased a casita or "mother-in-law's house" on the same property. The tenant in the casita had two dogs, one of which barked incessantly. Due to city laws and our contract both stating that tenants are required not to disturb the peace of neighbors, I gave her a seven-day notice that she was in violation of the lease. She rectified the situation, re-homing the crazy constantly barking dog. The other dog is reasonably well-behaved. Now, I've begun to seek a renter for the regular house, have put flyers in a few places. It doesn't state anything about dogs, we wish we could pick and choose a reasonable person with a dog, or better yet one with no pets, but we didn't put anything on the flyer about pets. Casita renter took a flyer to one of her co-workers, and told me about this "fabulous" potential renter. She called me, and said that she has TWO HUSKIES. I said we'd have to think about it, we have a lot of cus***** ***** work in the house, I didn't think my husband would go for it, but we'd see. With a little time to think about it, I really really don't want her "kenneling her two dogs all day, and coming home to play with them at lunch". Can I refuse her and her two dogs when I have accepted a dog at the casita?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

New Mexico

Lawyer's Assistant: Has anything been filed or reported?

I don't understand what you're asking. She has not filed or reported anything. She is scheduled to come see the house Saturday.

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Answered in 7 minutes by:
12/13/2017
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,518
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Can I refuse her and her two dogs when I have accepted a dog at the casita?

.

Yes. You are the landlord so you can set the rules for your rental house. If you don't want dogs... just prohibit them. If you don't want pets at all... prohibit them. If you want cats but not dogs, put it in the lease. My point being that you can prohibit whatever you want in your leases as long as it is not based on an illegally discriminatory reason. The only way someone could potentially force an animal in against the lease is if they had a Service Animal or Emotional Support Animal with a legitimate doctor's prescription..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

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Customer reply replied 7 months ago
Thank you, ***** ***** to be clear -- Although one tenant on the property has a lease allowing a dog, I can call up the person (her friend) who has 2 dogs and want to rent the other house on the property and tell her that after thinking it over, we don't want to rent to her because she has 2 dogs. Correct? Will I have to refuse everyone who has a dog and is interested because I refused this person?
Customer reply replied 7 months ago
Just answer (-: no phone call please

lthough one tenant on the property has a lease allowing a dog, I can call up the person (her friend) who has 2 dogs and want to rent the other house on the property and tell her that after thinking it over, we don't want to rent to her because she has 2 dogs. Correct?

.

Correct. You can just tell her that you aren't going to allow dogs in the main house due to the potential for damage..

.

Will I have to refuse everyone who has a dog and is interested because I refused this person?

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No, a person doesn't have a "right" to rent with their dog... Some landlords allow pets, some don't, some put restrictions on breed or size, some don't... all perfectly legal. I don't allow dogs at all specifically because they disturb neighbors, cause damage, bark when owners aren't home, could bite someone and get me sued simply because I am the landlord and allowed the dog there, do their business indoors when the owners are at work and cause the place to smell like a kennel after a while...

.

There are lots of reasons to prohibit them and not a lot to allow them, especially large dogs..

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Customer reply replied 7 months ago
if I tell her I'm not going to rent to her because of her dogs, then I continue to seek renters, and can't find anyone who wants to rent without a dog, I can eventually accept someone with a dog, although I refused her for her dogs.

So if I tell her I'm not going to rent to her because of her dogs, then I continue to seek renters, and can't find anyone who wants to rent without a dog, I can eventually accept someone with a dog, although I refused her for her dogs.

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Correct. You can refuse certain breeds if you want... pit bulls, chows or other breeds that have a propensity for being vicious if you want... It is not unlawful to discriminate against a dog or a person with a dog..

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,518
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Customer reply replied 7 months ago
Thank you!

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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