Dog Law: Pet Friendly Leases

Dog Law: Negotiating Your Way into a Dog Friendly Lease
By Robert Forto, PhD

Dog Law is a weekly series in which I explore a different topic regarding canine law, legislation and procedures related to the legal side of owning our canine companions. I have been involved as an expert witness in many cases over the years, testifying on everything from breed bans, landlord-tenant disputes, aggressive dogs, dog bites and more. I am also a canine behaviorist and paralegal. If you have any questions regarding dogs and the law I would be happy to help. While I am not an attorney and I encourage you to seek out competent legal assistance should it come to that, I can be retained in most cases by both plaintiff and defense counsel to assist in your case as an expert witness.

Dog Friendly Leases

As all pet-owning tenants know, most standard leases and rental agreements contain no pet clauses. Such provisions are legal everywhere and courts generally enforce them by allowing a landlord to evict a tenant who gets a pet violation of a lease clause and refuses to give up. There are however situations in which a no pet clause may not be enforceable If a tenant and dog are already living in a rental unit and:

1. The tenant can prove that keeping a dog is necessary for security or health reasons (i.e. service dog); or
2. The landlord agreed, no matter what the lease says, that the tenant could have a dog; or
3. The landlord tries to add a no pet clause to a rental agreement, or enforce an existing no pet’s clause after knowing about but not objecting to a tenants dogs for a significant period.

Negotiating a Pet Friendly Lease

Negotiating your way into a dog-friendly rental lease is not always an easy task. Although millions of Americans own pets, a landlord who doesn’t want to assume the risks associated with one may not want to rent to a pet owner. So how do you change his mind? You do it by following a few basic tips. In her article “Negotiate Your Way into a Pet-Friendly Pad during the Dog Days of Summer”, Peggy Abkemeier, president of Rent.com, tells renters how to convince a landlord to accept a pet. They are as follows:

Tip #1 - Do a dog-to-face interview.

Set up a dog-to-face meeting. Allow for basic obedience tests and inspections. Let the landlord see firsthand how well-mannered your pet is. If the meeting goes well, the landlord may be more willing to bend a few rules in order to rent you and your dog a space.

Tip #2 - Show proof of renters insurance.

Reassure the landlord of your good intentions of caring for his property by giving him proof of renters insurance. Be sure the liability limits are high ($100,000 or more). Also, highlight the pet clause in it, so he can clearly see that you are covered for any damage caused by your dog.

Tip #3 - Give a letter of recommendation.
Get a letter of recommendation from your prior landlord and neighbors. It should address the basic behavior of your dog while living in their community. Be sure it touches on subjects like “noise levels” and “over-all friendliness.”

Tip #4 - Validate that your dog has his shots.
Give the landlord a certificate verifying that your dog’s vaccinations are up-to-date. It will diffuse any fears he has about the overall health of your dog and safety of other tenants.

Tip #5 - Offer up an obedience-training certificate.
Even if he does not ask, show the landlord a certificate certifying that your dog has obedience training. This will assure him that you’ve gone the extra step to raise a well-behaved dog that won’t run wild on his property or keep the neighbors up at night.

Use these five tips and you’ll increase your chances of negotiating your way into a dog-friendly lease. You will also save yourself time and money because you’ll be prepared for any questions a landlord might have about your dog.

Handling Disputes

Before you run into court to hash out a disagreement with your landlord or tenant, remember that usually, everyone loses when it goes to court, You may lose time, and legal procedures have a way of escalating tension so that even petty differences start looking like life-and-death matters of principle.

The only exception to that dire rule is small claims court, which provides a relatively quick and painless way of resolving disputes over small amounts of money. But I recommend trying alternatives first.

One good alternative is mediation—getting people together with a neutral third person who helps them work out a problem. The mediator does not have the power to impose a settlement, but is trained to help people come up with their own solutions. Meditation is often quick and usually cheap or free.

Many cities have programs specifically designed to mediate landlord-tenant disputes. The mediators are familiar with the common problems that crop up between landlords and tenants—and dogs are certainly one of them.

If you would like to discuss the process of obtaining a mediator to discuss your dispute regarding a pet in a landlord-tenant dispute or if you have any further questions regarding this issue please feel free to call me anytime at 303-522-1727 or email at train@denverdogworks.com

Next week: My Dog is Priceless: How Much Can a Dog Owner Sue For?
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Dr. Robert Forto is the training director for Denver Dog Works and The Ineka Project in Colorado. Dr. Forto is a certified canine behaviorist and is often called as an expert witness in issues relating to canines. Dr. Forto can be reached through his website at http://www.denverdogworks.com/