Small dog. No pet policy. Exception=policy change?
You can make an addendum to the lease, with that i would charge a little extra for having a pet do to the possibility of damage. that is perfectly legal to do, you do not have to change all your leases for that, and if the other tenant asks, you just tell them it was negotiated and added in their lease and leave it at that.
The way I interpret the laws in my state, animals do not have housing rights, only humans. You can discriminate against animals, just not humans.
A service animal is a different story and I would seek advice from a lawyer in that case.
Hope this helps!
It sounds like you may also want to consider a "pets on approval" policy, meaning you look at the facts and circumstances on a case by case basis ... Then you are not open to all pets yet not closing off the possibility altogether....
So, for example, one small well behaved dog you may approve (especially one that a previous landlord says was not a noise, damage or other problem) but a pack of loud unruly ones not so much...
And you can refine some of what you are looking for in terms of size, behavior, numbers, breeds, ages (no puppies without house training for me, eg), even spaded/neutered (especially for male cats, etc), references (ie how the owner did with a pet in past places), etc...
Allowing pets can give you some competitive advantage but is not without risks, but you can mitigate those some with selectivity in approving pets (and their owners).. Best of luck.
@Cody Barrett You're talking about in the future, when you have a vacancy to fill again? If so, then no, I don't think there'd be any problem saying no pets again in the future. You could always say you tried allowing pets, and you weren't happy with the results.
People with pets are not a protected class. You only have to worry if it can appear you're using a rule to deny someone who is a protected class. For instance, you don't want to rent to Indians because you hate the smell of curry, so you tell them you won't rent to them because they have a pet. If they can prove your real motivation was that you didn't rent to them because they are of a particular race, then you're in trouble.
Incredible advice thank you all so much. I love the pets on approval policy idea. It gives me some flexibility to consider all options. Thank you so much again everyone!
You could also ask previous landlords about the dog, if possible.
#2 General Landlording & Rental Properties Contributor
I would be discrimination if you had multiple tenants in the same property. For example a multi plex or apartment building. You could still be some what selective but it would be difficult to defend in court to allow one tenant to have a pet and deny another. Size or breed could be used to restrict some dogs.
In your case, a duplex, if you allow one you would be required to allow both. Pets or no pets take your pick. You can not have it both ways.