Mar
18
2009
I understand an owner can choose if they want to rent to pet owners or not, but what about an guide dog? Can a landlord not rent to a person with a handicap and/or a dog?
This is hard to answer in brief, but guide dogs and assistance animals should be accepted in rental housing as they are not considered pets. The landlord can ask for verification and explanation as to the role of the service animal to verify that it is not a pet. When looking for a rental property it's wise if the applicant is up front and explains their situation and that they have an assistance animal. The landlord should be aware that there is an animal on the premises so they can relay the information to neighbors, service personnel, and HOA representatives as necessary.
Remember that there are a variety of service animals–not just guide dogs for the blind. There are service and animals for people with mobility limitations, hearing disabilities, diabetic conditions, and so forth. And, usually they are dogs, but not always. (There are miniature horses being trained as "guide dogs" for the blind! Click here if you don't believe me!)
Mar
16
2009
So my apartment complex was sold, and I and several other tenants have cats. The original owner allowed them, but the new owner has given us notice to move or get rid of the cat(s). Is this legal?
Check your lease agreement. Most leases will have a clause about pets–whether they are allowed or not allowed. The default is usually "not allowed" unless there is a pet addendum incorporated into the lease.
The lease terms transfer from old owner to new owner, so unless you signed a new lease with the new owner, whatever is in your original lease is valid. If your cat is included in the lease agreement, then the new owner may start a no-pet policy with new tenants but your cat is "grandfathered" in under the original lease terms.
If the cat is not part of the lease and you wish to stay, my recommendation would be to ask your new landlord to do a walk through of your unit and see the condition in which it is kept. If you keep house well and there is no evidence the cat lives there, you may be able to bargain for a concession. However, what one tenant is allowed is usually expected by the other tenants, so it's possible the new owner just wants to have a pet-free building.