For many tenants in New Jersey, pets are cherished members of the family. However, whether or not a pet is allowed in a rental property depends on the landlord’s policies. Understanding the legal framework surrounding pet policies in New Jersey rentals can help both landlords and tenants navigate this issue effectively and avoid disputes. This article outlines the key legal guidelines governing pets in rental properties across the state.
Are Landlords Required to Allow Pets?
In New Jersey, landlords generally have the right to prohibit pets in their rental properties. Unless there is a specific law or agreement that says otherwise, landlords can include “no pet” clauses in lease agreements. If a lease explicitly states that pets are not allowed, tenants must adhere to this condition. Violating such a clause can result in lease termination or eviction.
However, there are important exceptions to this rule when it comes to service animals and emotional support animals (ESAs). Federal and state laws require landlords to make reasonable accommodations for these animals, even in properties with no-pet policies.
Service Animals and Emotional Support Animals
Under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), tenants with disabilities are entitled to reasonable accommodations, which may include keeping a service animal or emotional support animal. In New Jersey, this protection is extended under the New Jersey Law Against Discrimination (LAD).
Key Points:
- Service Animals: These are specially trained animals (usually dogs) that perform tasks to assist individuals with disabilities. Landlords cannot refuse to rent to tenants with service animals or charge extra fees.
- Emotional Support Animals: These animals provide emotional or psychological support for individuals with mental health conditions. Unlike service animals, ESAs do not require specialized training. Landlords must make reasonable accommodations for ESAs if the tenant provides appropriate documentation, such as a letter from a licensed healthcare professional.
- No Extra Fees: Landlords are prohibited from charging pet deposits, higher rent, or fees for service animals and ESAs.
Pet Deposits and Fees for Regular Pets
For regular pets (those not classified as service animals or ESAs), landlords may impose certain conditions, including:
- Pet Deposits: Landlords can require tenants to pay a refundable pet deposit to cover potential damages caused by the pet.
- Monthly Pet Fees: Landlords may charge additional monthly fees for tenants who keep pets.
- Pet Restrictions: Landlords can set specific restrictions, such as limiting the type, breed, size, or number of pets allowed in the rental unit.
These conditions must be clearly stated in the lease agreement to be enforceable.
Local Ordinances and Breed Restrictions
In addition to landlord policies, some New Jersey municipalities have local ordinances regulating pet ownership. These may include:
- Licensing requirements for certain pets, such as dogs.
- Breed-specific restrictions (although controversial and less common).
- Limits on the number of pets allowed per household.
Both landlords and tenants should check local ordinances to ensure compliance with municipal regulations.
Tenant Responsibilities
Tenants who are allowed to keep pets in rental properties have certain responsibilities, including:
- Ensuring pets do not damage the property.
- Preventing pets from becoming a nuisance to neighbors (e.g., excessive barking, aggression).
- Complying with all local licensing and vaccination requirements.
Failure to meet these responsibilities can result in lease violations, fines, or even eviction.
Resolving Pet Disputes
If disputes arise between landlords and tenants regarding pet policies, the following steps can help:
- Review the Lease: Check the lease agreement for specific pet clauses and conditions.
- Communicate: Open communication between landlords and tenants can often resolve misunderstandings.
- Mediation: If communication fails, mediation services can help both parties reach an agreement without going to court.
- Legal Action: In some cases, legal action may be necessary to enforce lease terms or resolve disputes.
Conclusion
Pet policies in New Jersey rentals are largely governed by lease agreements, but important exceptions exist for service animals and emotional support animals. Landlords have the right to restrict or prohibit pets, but must comply with federal and state laws protecting tenants with disabilities. By understanding these legal guidelines, landlords and tenants can create clear agreements and foster positive rental relationships.