Biloxi's Lease Laws: Are Dogs The Only Target?

Lease laws regarding pets vary by location, but generally, landlords have the right to prohibit pets or allow some but not others. In some places, like Texas, landlords can create their own rules about pets and include them in the lease agreement. This means they can prohibit pets entirely, allow only certain types or breeds, or require registration and a pet deposit. However, these rules do not apply to assistance animals, which are protected under the Fair Housing Act. Assistance animals include service animals, which are dogs trained to assist people with disabilities, and emotional support animals, which provide companionship to individuals with mental or psychiatric disabilities. Landlords must make reasonable accommodations for tenants with assistance animals, but they can deny a request if it imposes a financial or administrative burden or if the animal poses a threat to the health and safety of others.

Assistance animals are not considered pets and cannot be refused by landlords

While landlords can create their own rules about pets and include them in the lease, assistance animals are not considered pets and are protected by the Fair Housing Act (FHA). This means that landlords are required to make a "reasonable accommodation" to allow pets that serve as assistance animals, including emotional support animals.

Assistance animals are in a different legal classification, which is why pet restrictions and fees are waived for them. They are animals that work, assist, or perform tasks and services for the benefit of a person with a disability or provide emotional support that improves the symptoms of a disability. Service animals are defined as dogs that are trained to do work or perform tasks for people with disabilities. Emotional support animals (ESAs) are animals that provide companionship to individuals with mental or psychiatric disabilities.

Landlords must agree to a reasonable accommodation request if the disability claim is true and if the request does not create a hardship for the landlord or other tenants. Landlords can only deny an assistance animal if it would impose a financial and administrative burden, require an extreme change to the rental property, or if the assistance animal is dangerous and would be a threat to the health or safety of others.

If a landlord refuses to accommodate an assistance animal, tenants have the right to request that a government agency investigate their claim that the landlord is discriminating against them. This can be done by filing a discrimination complaint with the Department of Housing and Urban Development (HUD) or with the landlord's state agency.

Landlords can create their own rules about pets and put them in the lease

Landlords have the right to control the use and maintenance of their properties, and this includes creating their own rules about pets. In Texas, for example, landlords can formulate their own pet policies and include them in the lease agreement.

A lease agreement might completely prohibit pets, allow only certain types or breeds, or require tenants to register their pets with management and pay a pet deposit. Landlords can also choose to not include any restrictions on pets in the lease.

It is important to note that landlords must follow fair housing laws and cannot turn down a pet because of the owner's race, religion, disability, or other protected characteristics. Additionally, a landlord cannot refuse a tenancy to a disabled tenant who relies on a service or support animal. This is based on the Federal Fair Housing Act of 1988, which prohibits landlords from discriminating based on disability, race, colour, national origin, religion, sex, and familial status.

Creating a comprehensive pet policy can help protect rental properties against potential pet-related damages. Landlords should carefully evaluate the pros and cons of allowing pets and create a suitable pet policy for their property. It is essential to clearly communicate the ground rules to tenants by outlining them in a lease clause or a separate pet agreement/pet addendum.

A pet agreement or pet addendum can reduce the risks associated with allowing pets on a property. It should specify the types of pets allowed, any weight or breed restrictions, and the requirement for proper identification, licenses, and vaccinations. Tenants should also be made responsible for their pets' behaviour and any damage they may cause.

Including a well-structured pet policy in the lease agreement can bring peace of mind to both landlords and tenants.

Landlords can charge a pet fee or deposit

Pet fees offer upfront compensation for potential issues caused by pets, and they are usually non-refundable, providing funds for cleaning fees or repairs. However, the amount charged may not cover all possible damages, so landlords may need additional funds or require tenants to cover any remaining costs. As an alternative, landlords can require renters insurance that includes pet liabilities.

In some states, such as California, landlords cannot charge more than a specified maximum amount as a deposit, which includes all types of deposits. Therefore, if the total amount of deposits already reaches the state maximum, a landlord cannot add a pet deposit on top of that. Additionally, some states prohibit non-refundable fees or have restrictions on collecting them.

Instead of a pet fee, landlords can charge pet rent, which is a monthly fee added to the regular rent price to account for the pet living on the property. Pet rent is typically priced lower than pet fees and can be an attractive option for pet-owning tenants as it spreads the cost over time. However, landlords with fewer units should consider combining pet rent with a pet fee to better protect against large, unexpected costs.

Pet deposits are also an option, but they are subject to state and local laws. These are one-time, refundable fees that specifically address property damage and losses caused by pets. Landlords can withhold or refund some or all of the pet deposit to cover pet-related damages. The average pet deposit ranges from $100 to $600. However, pet deposits only cover pet-related damage and cannot be used for normal wear and tear.

Landlords can ban certain dog breeds

Landlords can prohibit pets of any kind on their leased premises, and this includes the right to allow some pets but not others. This means that a landlord can allow dogs but not cats, or only small dogs, or dogs below a certain weight. In some states, a landlord can even insist that a dog be spayed or neutered.

The laws of the state usually provide the means for a landlord to prohibit the access and ownership of certain breeds of dog, sizes, or weights of dogs, or even no dogs or pets at all on the property. Some landlords have more power based on the specific city, which can grant more authority in these matters.

The landlord usually has the most power in deciding if any pet can reside in the unit or what type of breed the property may have. These rules usually exist in the tenant contract for housing with the location and are in writing, which the tenant will sign. The tenant contract specifically states what restrictions will apply for the unit and the property for all tenants that reside at the location. Some of these clauses will prohibit any dogs on the property, while others will allow the tenant to own and keep certain dogs in the unit.

The Fair Housing Act prohibits landlords from discriminating based on disability, race, colour, national origin, religion, sex, and familial status. However, these civil rights do not extend to most other housing matters, such as the ability to bring a pet onto the property.

The Department of Housing and Urban Development (HUD) uses a broader term, "assistance animals", to encompass animals such as service dogs, therapy dogs, and emotional support animals. The Fair Housing Act outlines that housing providers cannot apply breed, size, or weight restrictions to assistance animals. It also agrees with the Americans with Disabilities Act (ADA) protocol that the removal of an animal must be based on the actual behaviour of the animal, and not assumptions or fears about the type of harm that could potentially happen.

According to the ADA, service dogs have specific rights to public places, and this means they can be any breed. The ADA does not restrict the type of dog breed that can qualify for a service dog. Because any breed can be a service animal, facilities do not have the right to exclude a service animal based on the animal's breed. Only if the animal has a history of misbehaviour or is not under the control of the handler can it be excluded.

There are exceptions to the right of a landlord to prohibit or impose restrictions on all pets. It is illegal for a landlord to refuse a tenancy to a disabled tenant who relies on a service or support animal. This is based on the Federal Fair Housing Act of 1988.

Landlords cannot enter a tenant's home without notice to remove a pet

In Biloxi, Mississippi, there are 17 rental communities that offer pet-friendly units. However, it is unclear whether these communities allow only dogs or other pets as well.

Regardless of the type of pet, landlords cannot enter a tenant's home without notice to remove a pet. If a tenant is in violation of their lease agreement by having an unauthorized pet, the landlord must follow a legal process to remove the pet. Generally, the landlord cannot even enter the home without giving the tenant notice, except in an emergency, or if the lease specifies otherwise.

Before notifying a tenant to remove a pet, a landlord should review the lease to ensure that pets are prohibited and verify that the tenant actually has a pet and is not pet-sitting for someone else. If the lease is vague or does not include a no-pet policy, a tenant may be able to argue that a pet is allowed.

If a tenant has an unauthorized pet, a landlord can send a "Cure or Quit Notice", requiring the tenant to either remove the pet or vacate the premises. If the tenant does not comply, the landlord can take the issue to a housing court, which can rule in favor of the landlord and issue a "Writ of Possession". A law enforcement official will then post a notice and physically remove the tenant and the pet after a specified waiting period.

It is important to note that there are exceptions to a no-pet rule. Service animals and emotional support animals are not considered pets and are protected under the Fair Housing Act. Landlords may be required to make reasonable accommodations for these animals, even if the lease prohibits pets.

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