Legality:
* Fair Housing Act: The Fair Housing Act (FHA) prohibits discrimination based on disability, which includes a person's need for a service animal. This means a landlord cannot deny a tenant a service animal, even if they have a "no pets" policy.
* State and Local Laws: Some states and localities have laws that protect tenants' rights to have pets, even if the landlord has a "no pets" policy. These laws may also limit a landlord's ability to charge excessive pet deposits or fees.
* Lease Agreement: The lease agreement between the landlord and tenant can also specify pet policies. If a lease prohibits pets, a landlord can generally enforce this rule. However, there may be exceptions for service animals, emotional support animals, or if the landlord has allowed other tenants to have pets.
Factors to Consider:
* Type of Pet: Some landlords may be more likely to allow smaller dogs or specific breeds.
* Existing Pet Policy: If the landlord has a "no pets" policy in their lease agreement, they may be more likely to enforce it consistently, even if other tenants have dogs.
* Previous Issues: If there have been issues with pets in the building (e.g., noise complaints, damage), a landlord may be more likely to enforce a "no pets" policy.
* Local Ordinances: Check with your local government to see if there are any specific rules regarding pet ownership.
What to Do:
* Review your lease agreement: Carefully review your lease agreement to see if it mentions pets.
* Contact your local housing authority: They can provide information about your rights as a tenant and any relevant local laws.
* Consult an attorney: If you have a disagreement with your landlord about pets, it's best to seek legal advice.
In short:
While a landlord can generally prohibit pets, there are exceptions for service animals, emotional support animals, and in some cases, if the landlord has allowed other tenants to have pets. It's important to understand your rights and to consult with legal counsel if you have questions or concerns.