Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.

Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 7 minutes by:
12/13/2017
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,054
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.

.

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..

.

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

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 4 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 4 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?

.

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..

Ask Your Own Landlord-Tenant Question
Customer reply replied 4 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.

.

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: 41,054
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 4 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

Ask Your Own Landlord-Tenant Question
Was this answer helpful?
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,054
41,054 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

barristerinky is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

41,054 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
My landlord owes me money from a utility bill that i have
My landlord owes me money from a utility bill that i have been paying on a detached garage that is mot part if my lease. Can i withold rent until he pays?… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
792 satisfied customers
My mom was given a60 day notice to leave or be evicted for
my mom was given a60 day notice to leave or be evicted for various park violations she was living in a mobile home park long story she deiced to move a woman showed up and asked if she was selling she… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,036 satisfied customers
My apartment was condemned because someone ran into the wall
My apartment was condemned because someone ran into the wall by my son's room. I had to move into another apt and will have to rent a truck. I the landlord supposed to pay for me renting a truck? … read more
barristerinky
barristerinky
Attorney
41,054 satisfied customers
My tenant has not been paying rent for a while. There is no
My tenant has not been paying rent for a while. There is no written rental contract between him and I. As, he has been a tenant for a while. Can I legally evict him with a very short notice due to unp… read more
barristerinky
barristerinky
Attorney
41,054 satisfied customers
My sister is a victim of Domestic Violence recently. She has
My sister is a victim of Domestic Violence recently I'm Los Angeles. She has a EPO in place. The judge evicted the male from the property and my sister remains. The male bailed out and called the land… read more
barristerinky
barristerinky
Attorney
41,054 satisfied customers
My question is, can a prepaid last month's rent be applied
My question is, can a prepaid last month's rent be applied towards damages if the damages exceed the security deposit and there is nothing in the rental agreement about it? WA state … read more
barristerinky
barristerinky
Attorney
41,054 satisfied customers
Nedd t send a enication notice to my tenant. she has not
Nedd t send a enication notice to my tenant. she has not paid her dec. 2017 or November 2017 rent. The proof is not legal that she sent me. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have given my 30 day written notice not to renew a joint
I have given my 30 day written notice not to renew a joint lease. When I went to sign the move out notice I was told I had to give a 30 day move out notice. Before this I was told I could come in anyt… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,036 satisfied customers
I have aquestion about tenants in New York coty. New York. I
Hi, I have aquestion about tenants in New York coty … read more
Damien Bosco
Damien Bosco
4,144 satisfied customers
I rent my apartment. Recently I i took on a subtenant who is
I rent my apartment. Recently I i took on a subtenant who is not on the lease and has no written agreement with me, but my lease does not allow for one. We are also having problems with each other. I … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,337 satisfied customers
In late 2016, the landlady for the place where my former
In late 2016, the landlady for the place where my former partner was living (and where I was still on the lease for) initiated unlawful detainer proceedings against us both.We both filed a timely resp… read more
barristerinky
barristerinky
Attorney
41,054 satisfied customers
I'm a tenant for more the 23 years in the same apartment w/
hi, I'm a tenant for more the 23 years in the same apartment w/ rent control. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We just moved into a home, signed a year lease. The landlord
We just moved into a home, signed a year lease. The landlord sent us a text about a week ago stating they are selling the house. So ok we understood, we asked if they could give us a early term on the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,337 satisfied customers
I am a landlord. In 2016, my tenants would only pay partial
I am a landlord. In 2016, my tenants would only pay partial rent. Month to month. The family was living in 2 bedroom with 7 people. Well after 6 months of partial payments I got into a verbal arguemen… read more
barristerinky
barristerinky
Attorney
41,054 satisfied customers
I evicted a tenant due to issues with her and her Guinea
I evicted a tenant due to issues with her and her Guinea pigs, later found out by using a black light that she was letting them on the bed (furnished room). She left no forwarding address when she lef… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,394 satisfied customers
I'm moving out my apartment and my ex friend help me move
I'm moving out my apartment and my ex friend help me move out. Well doing that process they had my keys and moved into the apartment. They are not taking my calls and I seen their car in the parking s… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
What rights do I have as a tenant without the lease being
What rights do I have as a tenant without the lease being signed having been in the building since September. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,146 satisfied customers
I need to know if its legal for a landlord to up your rent
Hi i need to know if its legal for a landlord to up your rent without a written notice in indiana… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,146 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x