Tenant rights and pets: the landlord against his cat

Too often I hear from people who are giving up their beloved family pet because the landlord enacted a new no pet policy, or because they are moving into a rental property that has a no pet policy. Less frequently, I also hear from owners who allow cats but require declawing.

Before you agree to a rental policy that costs your family, disrupts your life, and harms your pet, there are a few steps you need to take.

Know your rights

Did you know that, as a tenant, you have certain rights? Each area will have its own set of rules and bylaws for tenants and landlords, but don’t assume your landlord is following these rules. Make sure you know what your rights are regarding your tenancy and your pets before you are forced to do anything.

For example, did you know that in Ontario your landlord cannot evict you or force you to get rid of your pet unless it is dangerous, causes excessive noise, damage to the unit, or allergy issues? Even if you signed a lease with a no pets agreement, they cannot evict you. No pets clauses are considered invalid under the law and the only way you can be evicted for having a pet is if the Ontario Landlord-Tenant Board determines that the pet meets one of the above criteria. This means that while a landlord may choose not to rent to someone who has pets, once your tenancy has started and you have moved out, you cannot be evicted for having pets.

The laws will vary depending on where you are, but don’t be intimidated into interrupting your life or the life of your cat when the law may be on your side. To be informed.

Don’t capitulate, negotiate

If local laws do not protect you or your pets, then the next step is not to give up and give in, but to negotiate and educate their owners.

Most owners who don’t allow pets or require cats to be declawed have these policies because they’re concerned about property damage. Noise, allergies and crowds in common areas such as the lobby or the façade can also be a factor.

As a responsible pet owner, it pays to try to educate your landlord about why these policies are wrong and unnecessary. If you can provide reasonable alternatives so that the landlord can feel that his interests are sufficiently covered, he may be able to convince you to change your rental policies.

  1. Acknowledge their concerns. Be courteous and reasonable and let them know that you understand their concerns and respect their desire to maintain a clean and well-maintained building.
  2. Explain normal cat behavior. The people creating the policy may not be familiar with cat behavior. Explain that cats can easily be trained to use a scratching post instead of a mat, and that they instinctively prefer to bury their waste in a clean litter rather than deposit it anywhere. Explain that cats do not normally scratch walls, doors, and trim, and that even an untrained cat is more likely to scratch the tenant’s furniture than destroy the unit itself. Let them know that you will provide a clean litter box and appropriate scratching surfaces for your cat.
  3. Let them know that your cats are spayed/neutered. Explain that spaying/neutering eliminates undesirable cat behaviors that may concern them, such as meowing, marking territory with urine and feces, fighting, and attracting feral cats to the area. Let them know that these behaviors are typical of intact animals and that theirs have been corrected.
  4. Assure them that your cat will be in a carrier or on a leash whenever he is in a public area. Animals that run free can be dangerous and annoying. Assure them that their cat will be under control at all times.
  5. Explain what declawing is and that it often results in other undesirable behavior. Many people don’t understand what declawing is and have no idea that it can result in other, even more undesirable behavior, such as urinating outside the litter box. Make it clear that declawing is unnecessary and cruel and that if they are worried about the cat scratching them, there are alternatives, such as Softpaws. [http://www.softpaws.com/]that you would be willing to use.
  6. Provide documentation to support your claims. Please provide supporting evidence from reputable sources to back up what you are saying. The Best Friends Network offers many great resources for renters who need to declaw: http://network.bestfriends.org/celebrateclawsnotdeclaw/news/16849.html. If your landlord requires declawing, talk to your vet; they may be able to provide you with a document or letter that supports your anti-declawing stance.
  7. Offer to pay additional security deposit. Assure them that while your cat is trained and you don’t expect it to destroy anything, if the cat damages anything in the unit, you will take responsibility for repairing or replacing it. Show that you are serious by offering to pay a larger security deposit.
  8. Remind them that a responsible tenant is a responsible tenant, and likewise, an irresponsible tenant will cause problems even without pets. Your rental agreement should already cover problematic tenants, such as those causing excessive noise, disruptions, or property damage.
  9. Offer to provide recommendations on writing a rental policy that allows pets but protects your building and other tenants. If you can do some of the legwork for them, saving them time and effort, they may be more willing to make changes.

 

your last resort

If your landlord is unwilling to listen or work with you and insists that you get rid of your pets or declaw them, then you have a difficult decision to make. It may be time to consider moving to a pet-friendly home, or if that’s not feasible, you may need to rehom your pets. I don’t consider declawing your cat an acceptable compromise.

Ideally, you’ll be able to find a new place that allows pets in your rental agreement. Otherwise, properties owned by individuals may provide more flexibility than large rental companies when it comes to pet policies; at the very least, it may be easier for you to gain access to someone who has the power to make that decision.

If moving is not an option and you must rehom your pets, do everything in your power to find a new home yourself, rather than leaving your cat at a shelter. All shelters have a large number of cats and very few adopters, and your cat is at risk of being crated for an extended period of time or being euthanized if they are not adopted quickly. Use all the resources at your disposal: friends and family, community billboards, Freecycle (if your local listing allows it), and Craigslist. You will feel much better knowing that your cat is going to a home instead of a cage and you will have a say in the type of home your cat will go to.

Contact your local government body that handles tenant and landlord laws and enforce them to create statutes that protect pet owners without compromising the safety and integrity of the owners’ properties.

Through responsible pet ownership and proactively promoting understanding through education, we can encourage owners to set reasonable rental rules and lessen discrimination against pet owners.

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