the lease on my apartment says no pets allowed, by law would i be able to have a working dog?

Question

the lease on my apartment says i am not allowed to have a pet, is there a clause that says by law i could have a working dog, and if there is a nd the landlord refuses and asks me to leave would he be beaking the law

Answer 1

A recent change in the law would allow it, to smooth the waters though, I would discuss it first with the landlord and tenants so they understand that this is legal because of your disability and its not because your dog is a pet, but because he is a working member of your family. Just in case, ask a lawyer if he will appear if needed or can get you a copy of the Americans with Disabilities Act.
People here need to know a having a service dog is not a matter of leases or the opinion of a landlord, the Americans with Disabilities Act supersedes any other law, even the ones to do with leases. If you are disabled and have or can get a service dog the landlord must allow it. I only suggest speaking to him first because most people hate to be told that they have to accept something they don't want to on their property. And make no mistake about it, you are allowed to have one.
As to getting one after a lease is signed....well what happens if you go blind after you move in? As long as you are disabled, and your dog meets the criteria, you are entitled to have one.

Answer 2

I think that's a bit of a "grey" area. As a landlord, if I specified no pets, then that would mean no working dogs either. Sometimes, particularly with apartment rentals, your landlord is governed by the lease he has with the management company and that is written in stone, I'm afraid, as it affects all the other residents. Apartments are very much different from houses.

Answer 3

First you have to explain working dog. You must see cause you wrote this. So it isn't a guide dog. Just curious on what kind of working dog. By law, you sign a lease on no dogs then no dogs and in order to sign the lease you must have known that before you sign. Did you have a working dog then???? If so if landlord said no you should have look for another apartment. Just my thoughts

Answer 4

No, you would still be breaking your lease. A dog from the 'working group' (or any of the other 6 groups) doesn't make a bit of difference

If you were blind or handicapped, then you could by law have a certified seeing eye dog or assistance dog.

Answer 5

Service dogs are the exception to the rule. These include dogs that help people in wheel chairs, hearing dogs, seeing eye dogs etc.

A dog like a search and rescue dog for example would not be included in this.

Answer 6

Unfortunately, sometimes leases and laws are open to interpretation. You've asked lawyer questions.

It is better to get along with your landlord. Litigation is expensive and so is moving. So lower the stress level and either forget the pet or move.

Answer 7

Some landlord are particular about having pets. If your lease says it is prohibited then you have to abide by it and find another place. Its better that way than have a hostile landlord.

Answer 8

Fair Housing laws permit you to have a "service animal".

You will need a letter from a health or mental health care provider stating that the animal is necessary. Once you have that, the landlord cannot refuse your animal...NEVER refer to the animal as a "pet".

Answer 9

The landlord would be breaking the law if he tried to get you to leave if you had a working dog. If you need one, get one!

Answer 10

Yes working dogs are the exception in dwellings, transit, and public places.
Working Dog = Life assistance animal, hearing, seeing eye dog.