In New Jersey, pet ownership in rental properties is a frequent source of tension between landlords and tenants. While many people consider pets to be part of the family, landlords also have the right to protect their property and establish rules regarding animals on the premises. Understanding the legal framework around pet ownership in rental housing is essential for both landlords and tenants in order to avoid disputes, fines, or lease terminations.
General Rule: Pet Policies Are at the Landlord’s Discretion
Under New Jersey law, landlords are not required to allow pets in their rental units. A landlord can prohibit pets entirely or impose specific rules about the type, size, or number of animals permitted. These rules must be clearly stated in the lease agreement. If a tenant signs a lease with a no-pet clause, bringing in an unauthorized pet can be grounds for eviction.
However, if there is no mention of pets in the lease, it can be more difficult for a landlord to enforce a pet ban retroactively. It is always advisable for both parties to put pet policies in writing.
Service Animals and Emotional Support Animals
While landlords have the right to ban pets, they cannot discriminate against tenants who require a service animal or emotional support animal (ESA) under federal and state fair housing laws. These animals are not legally considered pets.
- Service animals, such as guide dogs for the blind, are protected under the Americans with Disabilities Act (ADA). Landlords must allow them, even in no-pet housing, and may not charge pet deposits or fees.
- Emotional support animals are covered under the Fair Housing Act. Tenants must provide documentation from a licensed medical professional to qualify. Landlords can only deny an ESA if it poses a direct threat or would cause significant damage.
Landlords can still request documentation but must be cautious not to violate privacy or discriminate based on disability.
Pet Deposits and Fees
In New Jersey, landlords are permitted to charge a pet deposit or monthly pet rent if pets are allowed. However, this fee must be clearly outlined in the lease. Pet deposits are often refundable if no damage occurs, while pet rent is usually non-refundable.
It’s important to note that landlords cannot charge additional fees for service animals or ESAs. Doing so would be a violation of fair housing laws.
Rules and Restrictions for Pet Owners
Landlords can implement reasonable rules to minimize disruption and property damage, such as:
- Requiring pets to be on a leash in common areas
- Limiting pets to certain sizes or breeds
- Prohibiting exotic or aggressive animals
- Requiring proof of vaccinations or pet insurance
Tenants who violate pet-related rules may be asked to remove the pet or even face eviction, depending on the lease terms and the severity of the violation.
Resolving Pet-Related Disputes
If a dispute arises, tenants can:
- Negotiate with the landlord to update the lease to include a pet addendum
- File a complaint with the New Jersey Division on Civil Rights if they believe they’ve been denied reasonable accommodation
- Seek legal advice if threatened with eviction over a pet that is legally allowed
Landlords, on the other hand, can protect their interests by using detailed lease agreements and documenting pet-related damage or disturbances.
Conclusion
Pet ownership laws in New Jersey rental properties require a balance between tenant rights and landlord property concerns. While landlords generally have the authority to restrict pets, they must make exceptions for service animals and ESAs. Clear communication and written agreements are the best way to ensure that both sides understand and respect each other’s rights and responsibilities.