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Michael Mroczka
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Rejecting Tenants Based on Dog's Temperament?

Michael Mroczka
Posted May 10 2022, 09:57

Hey friends! I'm a new landlord and have discovered bigger pockets and loving the community here!

I've done something that flies in the face of what most people think is wise – I've decided to list of my units as "allows large and small dogs." I know that many people say this is a bad idea, but it's a decision I've made at this point so I'm rolling with it.

Here's the question though: Assuming I've confirmed that a dog is not a service dog/emotional support dog/psychiatric dog/etc, is it within my rights to reject a tenant based on the dogs individual temperament?

I've been trying to find resources for landlords on this and I'm coming up with lots of places that help tenants and their dog questions, but nothing about landlording rules. I had a tenant that came by that brought their german shepherd (I asked to bring him so I could judge temperament) and they love the place and want to apply but their dog peed on the floor as soon as he came in and then got skittish and seemed like he might bite me. Am I allowed to reject this candidate based on the dog? There are other reasons to disqualify this particular tenant (doesn't meet minimum credit requirement for instance) but if they had matched what are my rights here? Can I reject a dogs on a case by case basis? Too loud, too mean, too destructive, etc?

I'd love some clarity on this or resources here - this seems like a silly thing to hire a lawyer for just to ask this type of question. Anyone know what the rules are here? I'm in Chicago if that makes a difference.

Thanks for the help in advance! :) 

-Mike

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