If you’re a pet owner looking to rent, it’s safe to assume that one of the biggest factors you consider when looking for a rental is its pet friendliness. Of course, you want to keep your furry friend with you, even if you’re only leasing the space you live in. The question is, can you be evicted for having a pet with you? It depends on the circumstances. Generally, lease violations regarding pets give landlords the right to terminate your lease. However, Fair Housing rules prohibit such if it involves service and emotional support animals. To understand your rights further, here’s a comprehensive review of how pet ownership works in rental properties.
Key Takeaways
- In Texas, lease agreements primarily set the tone regarding pet policies and rights in a rental property.
- Violating pet policies indicated in the lease agreement, such as having unauthorized pets and unsafe pet behavior, could be grounds for early lease termination.
- Even with approved pets, noise complaints, property damage, aggressive behavior, or failure to follow pet rules can still put your tenancy at risk.
Can a Landlord Evict You for Having a Pet?
As part of our property management solutions, we’ve encountered pet owners seeking a rental property that allows pets. In fact, pet owners often consider this non-negotiable, insisting on choosing a rental that welcomes and recognizes the importance pets play in people’s lives nowadays. Because of this, pet owners also wonder if they can be evicted for having a pet. In Texas, a lot depends on what is stated in your lease. Let me explain.
If your lease specifically prohibits pets, bringing one will violate the terms of your agreement. In turn, your landlord can take action depending on your lease terms and applicable state laws. This may include fines, penalties, or, in certain cases, eviction.
What Does Your Lease Say About Pets?
Did you know that Texas (91%) is one of the most pet-friendly rental markets in the country? In fact, Austin, Dallas, and San Antonio, which are key metropolitan areas in Texas, top the list of the cities with the most pet-friendly rentals. However, the level of pet friendliness and inclusiveness still depends on what your lease’s pet policy, rules, and regulations are.
Generally, lease agreements in Texas include a pet addendum that outlines exactly how pet ownership is handled and managed. That is why it is critical that you review and understand the specific conditions provided to you by your landlord. Doing so will also help avoid lease violations regarding pet ownership and renting. With that, here’s a quick overview of what your lease usually says about pets:
First and foremost, your lease should specify whether pets are allowed or not. If it does, the lease also usually specifies the number of pets permitted and the conditions that accompany it. For example, your lease may set restrictions regarding certain dog breeds, weight limits, types of animals, and the like.
Aside from these, lease pet policies also outline the pet approval requirements that you (and your pet) need to meet. Typically, the pet screening process involves a complete record of your pet’s vaccination as well as a behavior and care assessment.
Lastly, your lease should also indicate the applicable fees and payments. For pet-friendly rentals, it is fairly common for landlords to include a pet deposit, fees, and rent to cover the increased risk for property damage. That said, it’s important to note that assistance animals are not considered pets under Fair Housing laws, and different rules apply.
When Having a Pet Becomes a Lease Violation
In the simplest terms, failing to follow the terms of your lease agreement constitutes a violation, regardless of whether it’s deliberate or not. But to give you a better idea, here are some examples of common scenarios about having pets that could end up as a lease violation:
- Sneaking in unauthorized pets in a rental that specifically prohibits them. This includes pet sitting and even fostering.
- Exceeding the number of pets in the household and failure to follow size, weight, breed, and species restrictions (for example, exotic animals).
- Not paying the required fees and payments related to having pets in the rental property.
- Repeated pet behavior violations, such as roaming off leash, improper pet waste management, and aggressive or threatening behavior towards others.
Can You Be Evicted If a Pet Causes Damage or Complaints?
For tenants who have successfully secured a lease in a pet-friendly rental, another common concern is whether or not they can be evicted for having a pet that caused property damage or led to complaints. Well, it depends on your lease’s pet policy. In particular, the rules, guidelines, and expectations regarding your pet’s behavior. In case of repeated violations or severe incidents, your landlord can choose to terminate your lease to protect the health, safety, and legal rights of other tenants.
One thing that you need to remember is that even if a rental property allows pets, it is conditional based on your responsible ownership. Generally, Austin regulations state that:
“ The owner or keeper of any animal in the city is responsible for the behavior and conduct of that animal at all times, including the creation of a public nuisance.”
Under this ruling, owners are also given the responsibility of controlling their pet’s behavior in limiting excessive or continued noise that can annoy, distress, or disturb other people’s comfort and quiet enjoyment. The same goes when it comes to preventing their pets from damaging or destroying others’ property. This further emphasizes the importance of pet ownership and proper pet handling and management.
What If You Have a Service Animal or Emotional Support Animal
While your landlord may evict you for having an unauthorized pet, circumstances may be different if you have an assistance animal with you. Several laws and regulations protect tenants with assistance animals from housing discrimination. First, according to the Fair Housing Act (FHA), landlords must provide “reasonable accommodation” to tenants who have assistance animals. Even if their lease doesn’t allow pets, landlords generally have to provide reasonable accommodations for assistance animals, unless there’s a legally valid exception.
For instance, the FHA states that landlords can refuse to accommodate a tenant with an assistance animal if the request would impose an undue financial and administrative burden or fundamentally alter the housing provider’s operations. Additionally, landlords are permitted to refuse assistance animals if their presence directly poses a threat or safety risk to other tenants, or if the animal could cause substantial damage to the property beyond normal pet damage and wear and tear. That said, tenants should notify the landlord and submit a reasonable accommodation request as soon as possible to avoid any complications or potential disputes.
How Bay Property Management Can Help
For renters, knowing whether or not you can be evicted for having a pet is key to safeguarding your rights as a pet owner in Texas. Generally, pet rules and regulations in rental properties depend on the terms of your lease agreement. Off the bat, the lease can say whether or not a pet is allowed, as well as establish further guidelines to maintain a cohesive and comfortable living experience for you, your pets, and others. One thing that you have to remember is that violating the pet policies that your landlord has put in place can put your tenancy at risk. So, carefully review your lease and abide by the rules to protect your housing and your furry friend.
Unsure how to navigate the pet-friendly rental market? Partnering with a professional property management company can be the perfect solution. Here at BMG, we can provide you with support and assistance in clearing pet policies, communicating accommodation requests, and ensuring compliance with regulations every step of the way. More than that, we also have an expansive list of rental properties with pet-friendly options for you to choose from! Sounds interesting? Contact us today to learn more about our services.
