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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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If renting out a property and someone applies how has pets

Customer Question

If renting out a property and someone applies how has pets is it okay under the law to reject the application if landlord does not want pets at the property? Also can one ask about the relationship of the applicants under the law? Thanks
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. I believe that I have assisted you in the past and I will be happy to do so again.
The answer is based on terms of the lease. If the lease does not expressly reject pets, then terminating a lease over it is not really possible. If the property has never stated that pets are unwelcome, it makes it hard to justify a formal rejection. The landlord can simply ask about the pets and then suggest a 'pet fee' or a 'pet deposit' for the extra wear and tear, and also going forward the landlord can add language to the lease that denies applicants the right to have pets. But here, if that was not initially given as grounds to reject, it cannot be used as grounds now.
Dimitry, Esq.
Customer: replied 2 years ago.
Sorry my question was not clear. This question pertains to new applicants who have not yet moved in. Lease has not been signed. Application is under review by landlord.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, Going forward it would be prudent to place that as a condition in the application process. You can still refuse, although typically it would be prudent to let them know in advance. Please be aware that if this is a 'service animal' refusal is not possible as it would violate the Americans With Disabilities Act. But the landlord can refuse to sign if he believes that the pets will harm the property. Sincerely, ***** *****