As a landlord, you want to guarantee that your property is in good hands, which brings up the question, “Can you decline a tenant for too many pets? Pets can be a point of contention for property owners, especially when they cause damage or create disturbances. This article will examine the legal perspective in Tennessee on whether landlords can decline tenants based on pet ownership.
We’ll also cover other important aspects, like the tenant application process, pet policies in rentals, landlord rights, rental pet restrictions, and tenant screening criteria. By understanding these factors, you can balance tenant needs while protecting their investments!
Can You Decline a Tenant for Too Many Pets?
The question of whether a landlord can decline a tenant based on the number of pets they have is common. In Tennessee, landlords have the right to set pet policies that suit their properties. However, these policies must be applied fairly and consistently to avoid discrimination claims. Here are some important aspects to consider:
Property damage concerns: More pets might mean a higher risk of property damage, especially if the pets are larger or not well-trained.
Neighborhood or community rules: Some housing complexes or residential areas have strict rules regarding pet ownership.
Tenant behavior: If a tenant fails to disclose their pets or brings in unapproved pets, this could be grounds for declining an application or taking action after the fact.
The Legal Stand in Tennessee
In Tennessee, landlords can generally include clauses in their leases that restrict or prohibit pets. They also have the right to refuse to rent to tenants with pets, unless specific federal laws apply. The Fair Housing Act protects tenants who need service animals or emotional support animals, and landlords must make reasonable accommodations for these cases.
Key Points on Landlord Rights and Pet Policies
Service and Emotional Support Animals: Under the Fair Housing Act, service animals and emotional support animals are not considered pets. Therefore, landlords cannot impose pet fees or pet rent on tenants with these animals, nor can they deny housing based on their presence.
Consistency is Key: When creating and enforcing pet policies, it is important for landlords to be consistent to avoid potential legal claims. The rules should be the same for all tenants, with exceptions only for legally protected cases.
Setting Up a Pet Policy in Rentals
Creating a clear and well-drafted pet policy is essential for landlords who want to manage the risks associated with pets. When developing a pet policy, consider the following:
- Types of pets allowed
- Breed and size restrictions
- Pet fees
- Pet behavior rules
What to Include in a Pet Policy
- Number of pets allowed
- Breed and weight restrictions
- Required pet deposits and monthly pet rent
- Guidelines on pet behavior and noise control
- Rules about pet waste disposal
- Procedures for addressing pet-related complaints
Tenant Screening Criteria and Pets
The tenant application process should include a section that asks prospective tenants about their pets. This can help landlords assess potential risks and decide if the tenant is a good fit for the property.
When screening tenants, landlords should consider:
Pet insurance: Consider requiring tenants to have pet liability insurance, which can help cover any damages their pets might cause.
Honesty on the application: Make sure that tenants disclose all pets they intend to bring onto the property.
Past rental references: Contact previous landlords to ask about the tenant’s pets and any problems they may have caused.
Rental Pet Restrictions: What Are Your Rights?
As a landlord, you have the right to set pet-related restrictions on your property. This includes setting limits on the type and number of pets, requiring pet deposits, and charging pet rent. However, it’s vital to implement these rules fairly and transparently.
Can a Tenant Be Evicted Over Pets?
Yes, if a tenant violates the pet policy outlined in the lease, this can be grounds for eviction. For example, if a tenant brings in a pet without permission or exceeds the allowed number of pets, a landlord may take action. However, it is important to handle these situations carefully and follow the proper legal procedures for eviction.
Common Rental Pet Restrictions
- Maximum number of pets allowed per unit
- Prohibited breeds or species
- Weight limits for pets
- Requirement for pets to be spayed or neutered
- Proof of current vaccinations
Understanding Landlord Rights in Tennessee
Landlords have the right to protect their properties and ensure they are rented to responsible tenants. This extends to managing pet-related risks. If a tenant wants to bring pets onto a property, the landlord has the right to:
- Impose pet fees
- Limit the number of pets
- Refuse certain types of pets
The Tenant Application Process: Screening for Pets
The tenant application process is the first step to understanding whether a potential renter and their pets will be a good fit for your property. Here’s what landlords should include:
Pet Disclosure Section: Make sure that the application asks for details about any pets the tenant plans to bring, including breed, age, and weight.
Rental History: As stated above, check the tenant’s rental history and ask previous landlords about any pet-related issues.
Pet Agreement: Include a pet agreement with the lease, detailing all pet-related rules, restrictions, and fees.
Federal Laws Impacting Pet Policies
Federal laws such as the Fair Housing Act have specific provisions that impact landlords’ ability to restrict pets. Under the FHA, landlords must accommodate tenants with disabilities who require a service or emotional support animal, even if there is a no-pet policy in place.
However, these animals must still comply with certain behavior standards. If the animal causes significant property damage or poses a threat, landlords can take action.
Work With Our Property Management Company
Can you decline a tenant for too many pets? We hope this article answers that question for you! Managing a rental property is a challenging task. Thankfully, working with a professional property management company, like Reedy & Company, can simplify the process.
We have extensive experience managing more than 3,500 properties and can handle everything from tenant applications to day-to-day property management. This means that landlords can rest easy.
If you are a property owner looking for reliable property management services, partner with us. To learn more about our services, call us at (901) 842-0805, or visit our website.
