Can a Landlord Stop a Dog Visiting?

Whether you’re a new or experienced landlord, one question you’ll likely search on the internet is, “Can a landlord stop a dog visiting?.” This is a common concern for landlords, and it depends on your lease agreement and your local fair housing laws. As the property owner, you can create reasonable rules around pets visiting your rental units. However, banning dog visits limits your potential tenant pool and even violates pet policies. In this article, we’ll discuss whether you can stop a dog from visiting and your legal rights as a property owner with your tenant’s pets.

Understanding Your Rights as a Landlord

Before responding to a tenant’s request to have a dog visit, it’s critical to understand your rights and obligations as the landlord. The level of permission you have to prohibit visiting dogs depends on your local tenancy laws and the agreements specified in the tenant’s lease. Here are some important factors to consider:

Check Your City/State Ordinances: Many municipalities have laws dictating landlords’ ability to refuse pets. Rules regarding visiting pets vs permanent residents will vary from location to location. Familiarize yourself with the specific regulations for your rental property.

Review the Tenant’s Lease: The lease is a binding legal contract that outlines the rights of both parties. If it expressly prohibits any pets (even visitors), you have grounds to refuse the request. However, if it is silent on the matter or allows pets with approval, your ability to prohibit it is reduced.

Consider if the Property Allows Pets: If your complex/building has a no-pets policy, visiting dogs could still be disallowed for consistency. However, outright refusal may not hold up if other units welcome pets—the context of existing policies matters. Thus, understanding the pros and cons of allowing pet in your rental proeprty can provide you with insights to make an informed decision.

Weigh Requests Case-By-Case: While you can’t discriminate against tenants’ guests, using discretion for reasonable requests is understandable. Casual short visits are different from extended staysitters. Consider duration, size of a dog, behavior history, and potential disturbances to other residents.

Can Landlords Ban Dogs Completely From the Rental Property?

Yes, landlords are within their rights to implement a blanket “no pets” policy for their rental properties. Landlords can refuse any pets on the property unless a tenant requires emotional support animals or a service animal as a reasonable accommodation under the Fair Housing Act. For more detailed information on this topic, see our article on whether a landlord can limit emotional support animals.

This includes banning dogs from visiting or staying temporarily. Landlords are private property owners, and tenants sign a contract (the lease agreement) agreeing to abide by the landlord’s rules regarding pets on the premises when they move in.

Unless local landlord-tenant laws specify, banning dogs altogether—even for short visits—is legal. However, as discussed later, exceptions should be made for genuine family emergencies or justifying circumstances.

Recommended Article: Want to Learn more? Read our article about Oklahoma Service Dog Laws to enusre complaince with state law.

What is Considered a “Temporary Visit”?

When it comes to enforcing pet bans, landlords need to consider what qualifies as a “temporary visit.” While an overnight stay would clearly violate the terms of a standard no-pets lease, what about shorter drop-ins?

As a general guideline:

• Multi-day stays, even if the pet owner is present, are not considered temporary and violate the lease.
• Daytime drop-ins of a few hours are typically allowed as temporary visits as long as the pet is supervised and causes no disturbances.
• Repeated short visits adding up to longer cumulative stays could be seen as attempts to circumvent the lease and are best limited or disallowed.
• Unattended pets, even briefly, pose concerns about house training, barking if left alone, or damage/messes left behind. They cross the line of temporary.

Use discretion based on the specific situation and communicate expectations clearly to avoid lease violations or tenant disputes over visits. Frequent complaints could warrant a full pet ban enforcement.

What are Tenant Rights and Landlord Restrictions Regarding Visiting Dogs?

Here are some key points to know about tenant rights and landlord restrictions regarding visiting dogs:

• Landlords cannot prohibit tenants from having guests with dogs visit, but they can prohibit tenants from owning pets themselves in the rental unit.
• Landlords can impose reasonable restrictions on visiting dogs, such as requiring them to be leashed, asking tenants to clean up after dogs in common areas, or limiting the number/size of dogs or length of visits.
• Restrictions must be applied evenly and not target any particular guest’s disability or breed. Emotional support/service animals may be allowed even if pets are prohibited.
• Tenants need to follow any rules regarding noise, damage, and cleanliness from visiting dogs. Landlords cannot prohibit well-behaved dogs from brief, temporary visits.
• If a lease bans all pets, tenants should notify landlords before having visiting dogs to avoid issues. However, landlords cannot deny access to guests solely due to a dog if rules are followed.
• Disputes could be resolved by a letter from the tenant explaining their rights regarding visiting assistance/companion animals under the FHA or ADA. Courts generally support tenants’ rights to have temporary visiting dog guests.

When Should a Landlord Consider Allowing Dog Visits?

Just because you can legally ban dog visits doesn’t always mean it’s the best choice from a practical tenant retention standpoint. Consider allowing dogs, even on a limited basis, for the following common scenarios:

• Qualified tenants in good standing specifically request an occasional dog visit and agree to follow guidelines. Turning them down may risk losing a good renter.
• When allowing well-behaved, non-destructive small dogs presents little true risk to the property. A small dog may be preferable to banning pets and facing an empty unit.
• If a potential tenant has proof, the dog is trained, and they are willing to pay an extra deposit or pet rent. This provides landlords with more security against any issues.
• As a reasonable accommodation under the Fair Housing Act for tenants requiring an emotional support animal. Although landlords can request documentation.
• In tight rental markets where good tenants are harder to find, permitting pets could give you a competitive edge over other landlords.

Reasons to Restrict Visiting Dogs in a Rental Property

It’s important for both tenants and landlords to be transparent about expectations regarding dog visits.

Potential Damage: Dogs, even well-behaved ones, can cause accidental damage to the property through chewing, scratching, or accidents. This can worry you about the potential costs associated with repairs after a dog visit.

Noise and Disturbances: Barking, howling, or excited behavior from visiting dogs can disrupt the peace of other tenants, leading to complaints and potential conflicts. In this case, you can request that the visits be reduced or stopped to maintain a peaceful environment for all residents. Document problems and give the tenant a chance to correct the behavior before banning the pet immediately. For more strategies on addressing disturbances, refer to our guide on dealing with noise complaints.

Allergies and Health Concerns: Some tenants may have allergies or health conditions exacerbated by pet dander. Landlords may restrict dog visits to protect the well-being of other residents.

Liability and Insurance Issues: If a visiting dog were to bite or injure someone on the rental property, you are held legally or financially responsible as the landlord and property owner. The renter’s insurance may not cover injuries from a non-approved pet. This liability risk is an understandable concern.

Decreased Appeal to Prospective Tenants: The presence of strange dogs, especially more giant breeds, in common areas discourages some families and individuals from renting. Fewer tenant options impact landlords.

Building Regulations or HOA Rules: In some cases, local ordinances or homeowner association (HOA) rules might limit or even prohibit dog visits in specific buildings or communities.

When Can Landlords Restrict Visiting Dogs?

Landlords generally have the right to set reasonable rules for their property, including pet restrictions. However, these restrictions must be clearly stated in the lease agreement and cannot be discriminatory or unreasonable.

If the Tenancy Agreement Prohibits Pets: If you have a no-pets clause in the rental contract signed by the tenant, you are within your rights to enforce this policy and refuse dog visits. Make sure any pet prohibitions are clearly outlined before a tenant moves in.

If the Property Has Common Areas: For apartments, condos, or other housing with shared amenities, you generally have more leeway to restrict pets for health/safety reasons. However, temporary and infrequent dog visits inside a tenant’s private unit are usually permitted.

Reasonable Restrictions: Even without a complete pet ban, landlords can set reasonable restrictions on visiting dogs, such as requiring prior approval, limiting the size or breed, or specifying the duration of visits. These restrictions should be clearly outlined in the lease agreement.

Local Laws: Some localities have laws regulating a landlord’s ability to restrict pets, including visiting pets. Tenants in such areas may have more rights regarding dog visits, even with a no-pet clause.

Reasonable Accommodation Laws: Some jurisdictions have laws requiring landlords to allow assistive animals like service or support dogs for tenants with documented disabilities. Reasonable temporary visits from such animals are permitted, too.

Reasonableness: Landlords’ restrictions on dog visits should be considered reasonable in the context of the specific situation. A blanket ban on all dog visits might be regarded as unreasonable, while restrictions based on particular concerns like size, breed, or behavior might be more acceptable.

[Also Read: Illegal Property Management Practices You Should Avoid]

What if a Tenant Wants Their Dog to Visit Occasionally?

Even with a strict no-pets policy, tenants may still ask if their dog can visit for a day or two every few weeks or months. As a landlord, you have alternatives in how to handle this:

Allow with Restrictions: You can allow short-term dog visits if the tenant follows certain rules like providing proof of vaccinations, keeping the dog outside or confined to certain unit areas, cleaning up any accidents, etc. Have these rules clearly in an “addendum” to the lease.

Charge a Pet Fee: As a property owner, you can also allow visits in exchange for a recurring “pet fee” to cover any potential damage. This can be a small daily or weekly charge.

Limit Frequency and Duration: Consider stipulating how many times and for how long a visiting dog is permitted. For example, once a month for at most 3 days each visit.

Deny Requests: You’re not obligated to permit dog visits if you don’t want to. Remind tenants that visiting pets violates the lease agreement.

What if a Tenant Brings Their Dog Without Permission?

If a tenant brings their dog to visit without your approval, they are violating the terms of the rental agreement. As the landlord, you have legal rights to address this issue, but your actions should be reasonable and compliant with landlord-tenant laws. Here are the common steps:

1. Issue a Breach Notice: Give the tenant a formal written notice highlighting which rule was broken and requesting immediate compliance. Set a reasonable timeline, say 7 days, for them to rectify the issue before further action is taken.
2. Charge a Fine: If your state laws allow, impose a modest fine each time unapproved dog visits occur. Make sure fines are listed as a possible consequence in your original pet policy paperwork.
3. File for Eviction: Repeated or severe disregard for the pet policy can be grounds for eviction. However, eviction is an extensive legal process, so only pursue it as a last resort if all other attempts at remedy have failed.
4. Mediation or Dispute Resolution: For long-term tenants, involve a neutral third party, like a tribunal mediator, to discuss a reasonable solution before taking more serious enforcement steps. A judge may back flexibility in some cases.

Conclusion

As a landlord, you have reasonable interests to consider regarding dog visits at your rental property. Communicating proactively and understanding your municipal, lease, and policy restrictions while considering tenants’ needs reasonably is the best approach. With open communication and ground rules applied consistently, landlords and residents can typically find workable solutions to accommodation requests that satisfy all parties involved. Prioritizing cooperation over conflict will serve you well in tenant relations long-term.

FAQs on Rental Unit Dog Visits