Is it legal?

Question

So I was going to adopt a dog at the animal shelter and they needed to see my lease stating that dogs are allowed in the apartment and my landlords phone number. So i call my landlord and asked if i was allowed to have dogs in the apartment and he said that no dogs are allowed and anybody who already had a dog will have to take them out because they were destroying property. But the problem is no-where in the lease does it say that dogs are not allowed or that they are allowed. And about 75% of the people who live in the other apartments have dogs or other pets. Is this legal that they are going to make other people take out their pets or not let have pets when they didnt state in the lease that they are not allowed in the first place? Oh i live in Boston, MA, is it different here or in other states?

Answer 1

If you have a lease that makes no mention that pets are not allowed then you are free to have a pet. A lease will contain many provisions and you are expected to adhere to them. But if the lease is silent on the issue there is no express prohibition. Now, there might be a clause in the lease that says that your tenancy is subject to rules and regulations that may be posted on the premises, and that these rules and regulations may be changed at any time. In a case like that the rules and regulations are made a part of the lease. Lacking anything like that there should be no reason why you cannot have a pet. A verbal statement made after the fact is not a part of the lease and would not apply, especially if there is a statement in the lease to the effect that the written lease constitutes the entire agreement between the parties.

When your lease expires the landlord could give you a new one in which there is a clause about pets.

Answer 2

If it wasn't stated in the lease one way or the other, then he needs to make an amendent to such lease and then "grandfather" in the existing animals. After the last pet, since the grandfathering, has died, then no future animals can be on property. My complex allows up to two dogs per unit but you have to pay an additional $45 a month. I can understand where he's coming from (I don't like it but can understand it). He can't just toss out the existing pets because it doesn't state specifically in the lease that animals are not allowed. The tenants can/should take him to court.

Answer 3

I don't think so and since your lease agreement doesn't state that dogs are not specifically banned from the property, the landlord is being arbitrary. Also, the landlord cannot turn around and ban all dogs from the property that are already there, if they don't have similar wording to state that they are in violation of their lease agreement. Once again, they are being arbitrary, and are lying to you (no big shock there, as most landlords are total creeps). To make sure though, you might want to contact the Local Landlord Tenancy branch (that's what we call it in Vancouver BC, Canada) and make sure, or see a Mouthpiece, I mean a lawyer.

Answer 4

I love Boston. It's where I learned to drive like a maniac, but everbody trusts my driving, so I am sure that you know what I am talking about.
Ok, to your statement.
This is definitely worth investigating further. If you are comfortable enough, wait a minute, you live in Boston, because you will make yourself comfortable, ask these neighbors with pets how they went about having a dog. Ask as many as you can, and then look into the housing court web-site directory for the city.
This is all public info, which is why it's on the web-site. The site can give you the contact name and numbers for someone that can assist you.
Good Luck.
I pahk my cah whehevah i damn well feel like it, usually in a wicked cool pahking lot. I love pizzer, too. Ok, so I had a little wine tonight, but still, I miss Boston!!!!!!!

Answer 5

You won't get the dog from the shelter without the landlord's approval. End of /that/ story. The shelter wants to make sure that the dog they let you adopt is not returned to them when your landlord tells you "I thought I told you no dogs."

Even if it were "illegal," (and my guess is that your landlord is within the law to prevent you from having a dog, AND within the law to ignore enforcing some policy that may or may not be in place) are you prepared to ask a judge to compel your landlord to let you have a dog? Do you think the judge will honor that request, after you asked your landlord who replied "no?" What do you want more - a dog, or a place to lay your head at night?

I'm sorry that it is hard for you to have a dog. I'd let you have a dog if you were my tenant, but you should respect your landlord's reply.

Answer 6

Its perfectly legal simply because a landlord has the right to protect his interests. Once you move out of your apartment nobody else will want to smell the remnants from your pet. That means that the landlord will have to take extra measures to ensure that the apartment is returned to rentable condition. The only thing that they cannot deny is assistance animals for the disabled.

Answer 7

Dogs are filthy just like you!

Answer 8

She's probably just a biatch.