Rejecting Tenants Based on Dog's Temperament?

[Michael Mroczka]

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

[Paul De Luca]

@Michael Mroczka

Not legal advice but I believe so long as you consistently apply the same criteria to other applicants you should be good. I would update your renter criteria to "pets must be house trained or well behaved" to encompass the behavior you mentioned. Since pets and pet owners are not a protected class you should be within your right to reject an applicant. In this case since you DO have another legitimate reason to reject the applicant (credit score) I would give that as the reason and then update your screening criteria as I said above.

[Greg R.]

Mike, I actually consulted a local attorney about something similar (ESAs) several years back. I was told was that if it is a multi-family property where the dog would be in close quarters with others, if the dog has a violent temperament you would be able to reject them based on that. It's an insurance and liability issue. 

In my opinion you have every right to screen the dogs the same as you screen tenants.  

[Crystal Smith]

Quote from @Michael Mroczka:

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

My recommendation- Include in your advertisement the types of dogs you won't allow.  Trying to reject a dog on a case by case baisis isn't going to work.  

[Theresa Harris]

I'd keep it general and say you found another applicant to rent the home.  Don't say why.

[Colleen F.]

We have rejected dogs based on the owners lack of control of the dog. I suggest a criteria, if you are willing to take large and small you put prohibited breeds, prohibit puppies, limit the number of dogs. Also screen based on length of ownership and previous landlord references. If when we meet a dog it is jumpy, barky, pees on the floor or does not respond to owners commands that is not acceptable. You can use pet screening.com too.  Require they be up to date on immunizations and spayed or nuetered.  In my experience people will usually rule themselves out before they even bring the dog to meet you. 

[Matt M.]

This is exactly why I don’t allow pets. I’m dealing with any of this bs in my rentals. 

[John Teachout]

To respond to the question, I think it's ok to make decisions on pets on a case by case basis. Your criteria needs to be consistent. In this specific instance though, a dog being brought into an unfamiliar environment, meeting unfamiliar people and being skittish and peeing on the floor wouldn't be considered abnormal to me. Obviously I wasn't there and you have to use your own judgement.

[Jonathan Klemm]

Hey @Michael Mroczka - I think you definitely got some good advice above from @Paul De Luca and @Crystal Smith.....this is definitely a somewhat grey area, but the more upfront you can be the better.  

I am sure @Mark Ainley may know the property management legalities here in Chicago and could provide further insights.

[Drew Sygit]

@Michael Mroczka if the pet is NOT an ESA or leader-dog, etc, then they are not a protected class under Fair Housing.

So, you can do whatever you want.