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Pet Rent Laws and Agreements

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Janeo1979

New member
California

If the landlord allows you a pet (a cat) at the onset of the lease under a “pet agreement” with no clauses dictating that your “Pet” is restricted to only cats, when that cat passes and you want a dog as a replacement pet, can the landlord then require a pet rent agreement for the dog? And when that dog passes can they then revoke your right to a replacement dog or any other pet completely? In this case several other tenants own dogs without any pet rent being charged. Lastly, if that pet rent is deemed illegally charged is the tenant entitled to a refund?
 


adjusterjack

Senior Member
If the landlord allows you a pet (a cat) at the onset of the lease under a “pet agreement” with no clauses dictating that your “Pet” is restricted to only cats, when that cat passes and you want a dog as a replacement pet, can the landlord then require a pet rent agreement for the dog? And when that dog passes can they then revoke your right to a replacement dog or any other pet completely?
Depends on whether you have a lease or are on a month to month tenancy at will. Without actually reading that "pet agreement" all I can say is that if you are on month to month, the LL may change the terms of the agreement with proper written notice.

See:

.

If you have a lease with a specific duration the LL will have to wait until the lease expires to change the terms.

In this case several other tenants own dogs without any pet rent being charged
Doesn't matter.

Lastly, if that pet rent is deemed illegally charged is the tenant entitled to a refund?
Obviously, if anything is being charged illegally you'd be entitled to a refund. However, pet rent is not illegal. Rent is rent regardless of how one allocates it.
 

FarmerJ

Senior Member
So your clear state laws are designed with human occupants in mind and state legislators tend to leave pet issues up to landlords and tenants to work out between them selves. AS far as a landlord treating two or more different tenants differently when it comes to allowing pets , pet fees, pet related deposits it happens all the time and nothing illegal about it EG some LLs decide to cease allowing pets with new tenants and over time a building becomes pet free, Some LLs may have lowered pet fees to get a tenant that they would like to have, some LLs may set one particular units pet fees real high If they had to go to a lot more trouble to repair pet damage in that unit from past tenants.
 

Zigner

Senior Member, Non-Attorney
In CA, any "pet deposit" is simply part of the normal security deposit. A rose by any other name...

In CA, any deposits cannot be "non-refundable" and, in aggregate, cannot exceed certain limits.

Furthermore, landlords would be dumb to break rent down in to categories such as "rent" and "pet" because they wouldn't be able to issue a 3-day notice to pay rent or quit if the tenant failed to pay the "pet" rent.
 

Kissyrface

New member
Check the laws in the city where you live. In New York City where I live, There are many laws governing pets. One is if you have a pet openly living in the apartment for 6 months they cannot make you give it up after that. Also if you have the pet for emotional health reasons- note signed by a doctor, they again must accept your pet.
 

Zigner

Senior Member, Non-Attorney
Check the laws in the city where you live. In New York City where I live, There are many laws governing pets. One is if you have a pet openly living in the apartment for 6 months they cannot make you give it up after that. Also if you have the pet for emotional health reasons- note signed by a doctor, they again must accept your pet.
Please don't post information that is unrelated to the OP's locality. New York (especially NYC) is vastly different than most places in California.
 

xylene

Senior Member
1. The landlord is not nessecaily required to allow a new pet just because a pet was previously allowed.

2. The landlord is allowed to restrict pets to cats only or no dogs.

3. Any variance on the policy for one tenant is not binding on other tenants. Landlords can treat tenants differently is not based on an illegal reason.

"You can't have a pet because you are not white" NOT OK

"You can have a pet because you've live here a long time and have a solid history paying rent" AOK
 

not2cleverRed

Obvious Observer
Check the laws in the city where you live. In New York City where I live, There are many laws governing pets. One is if you have a pet openly living in the apartment for 6 months they cannot make you give it up after that. Also if you have the pet for emotional health reasons- note signed by a doctor, they again must accept your pet.
  1. NYC is an entity unto its own, defying all sorts of notions that are considered common sense elsewhere. Janeo is in California.
  2. By the way, the ADA and New York state recognize service dogs. Emotional support animals are not service animals. (Again, NYC is irrelevant.)
  3. Janeo has never indicated that the pets served any purpose bus being a pet, whether it be a cat or dog. I get the feeling that you are suggesting that Janeo lie and get a note from a doctor. This is morally wrong if one is not legitimately disabled; such behavior undermines the ADA, as it puts real service dogs back in the category of pets.
  4. If Janeo violated Janeo's lease, Janeo could be evicted.
 
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