If I have a lease that says no pets, should that lease be the same for all tennants?

linda 10/22/2018. 23 answers
Business & Finance Renting & Real Estate

23 Answers

Leelinesourcing 10/24/2018.

In fairness, it should be. However, the landlord can choose a different contract to treat different people. You should take with your landlord if you really want to feed a pet.

tiescore 10/23/2018.

Not necessarily, certain things might be grandfathered in on pre-existing leases before a certain date, or the lessor/lessee might agree to modify a lease, but not all lessee's would this apply to.

Judy 10/23/2018.

doesn't have to be.

Lolly 10/23/2018.

Each lease is a separate contract.

DEBS 10/23/2018.

No. Is your rent the same? Is the size of your units the same? Do you have the exact same age of carpet? Things are never the same for all tenants. You negotiate what you want before you move in.

It's very common for larger complexes to have pet units and non-pet units (or even buildings.)

Anonymous 10/23/2018.

Landlords can change the terms when leases expire so it's very, very common for tenants in the same building to have different leases. This is especially common during transition periods if the landlord has decided to make the building "no pets" or something like that.

Slumlord 10/23/2018.

Should be but doesn't have to be. The landlord can make exceptions as they choose. They can say tenant 1 is allowed a pet and tenant 2 is not, tehy can pretty much do whatever they want to with regards to pets. You can complain and I'm sure most landlords will be fair about it but there is no requirement with regards to allowing pets (possibly service pets are an exception - not sure on that one).

Wayne Z 10/23/2018.

Should be.

However, they must allow service/emotional support animals.

IMHO, the bar for getting a doctor to approve an "emotional support" animal is pretty low.

gink 10/23/2018.

Yes they should me

Ron Akia 10/23/2018.

Some older tenants may be grandfathered in. Otherwise it should apply to all.

Coffee Drinker 10/23/2018.

Not unless your lease specifically promises you that the entire building/complex will be pet free.

Its very common for large complexes to allow pets in some units (usually at an added cost), while prohibiting them in other units.

There is no rule or law that says the policy must be the same for every tenant in a multi-unit complex.

babyboomer1001 10/23/2018.

No, for various reasons. 1) Service dogs are allowed by law. 2) At one point, pets might have been allowed. The owner has a right to change the policy and disallow pets from that point on. All new tenants would be under a no pets lease. Existing pets should not be kicked out, when the prior leases allow pets.

Elaine M 10/23/2018.

Service dogs are the exception. Anyone with a pet that had them PRIOR to the building going 'no pets' will be grandfathered in and be allowed to keep their pets but not get more. Once those pets die, it's a pet free apartment.

R P 10/23/2018.

There are no laws in the US that requires a landlord use the exact same lease for all tenants.

Pat Wooden 10/23/2018.

If some of the tenants already had pets before the restriction was written into everyone's lease, they may be permitted to keep them, with the understanding they will not be replaced when they are gone. This is called a "grandfather clause".

Pascal the Gambler 10/23/2018.

It doesn't have to be, but it would make the most sense if it was.

Nuff Sed 10/24/2018.

Not at all. The landlord is free to have a substantially different contract for each tenant, as they may choose, and each tenant may request things or agree to things apart from what other tenants may have. For instance, one landlord may allow pets only in the ground-floor units of a garden apartment. The next owner of the building may prefer no pets at all and thus the leases will change over time, as new tenants arrive or expired leases are renegotiated.

shawn 10/23/2018.

should be

Simply 10/23/2018.

the FACT is that almost all LLs (not just HUD housing) must allow ESAs. the law is FHA. it applies to private landlords with limited exceptions (3 or fewer single family properties or owner occupied 4 family or less not using a broker and not using discriminatory advertising.

Many landlords have 5 or more apartments/more than 3 homes/don't live in the 4 family or fewer......and of those that do, many use brokers which makes them subject to FHA.

Verulam 10/23/2018.

Yes, unless the rules were changed at some point or those with pets have some unique/ individual reason for being allowed to keep pets.

real estate guy 10/23/2018.

no. You have a lease that you and the landlord negotiated. The lease you have doesn't have to be the same as the others. The most simple example is the rent that is paid.

However, as a landlord, I try to have the same lease for everyone so that it doesn't create these times of problems.

Maxi 10/23/2018.

Tenancy contracts are between the landlord and tenant, so what your contract states doesn't mean it is the same for every other tenancy......so 'should' is nothing to do with it, if the properties are owned by the same landlord then it is likely the landlord is not pet friendly and so likely all their contracts state no pets.......... personally I am a pet friendly landlord and prefer tenants who have pets than kids as pet owners tend to look after my property better than kid owner tenants as kids are hard on a property

Anonymous 10/23/2018.

Yes. Pets make huge messes, destroy carpets and furniture, and barking can disturb tenants. No pets means none.

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