- NEW YORK CITY CIVIL COURT, QUEENS COUNTY15
As all pet-owning tenants know, most standard leases and rental agreements contain no pets clauses. Such provisions are legal everywhere, and courts generally allow a landlord to evict a tenant who acquires a pet in violation of a lease clause and refuses to give it up.
In certain situations, however, a landlord may not be able to enforce a no pets clause if a tenant and dog are already living in a rental unit and:
* The landlord tries to add a no pets clause to a rental agreement; or
* The landlords tries to enforce an existing no pets clause, after knowing about but not objecting to a tenant's dog for a significant period; or
* The landlord agreed, no matter what the lease says, that the tenant could have a dog; or
* The tenant can prove that keeping a dog is necessary for security or health reasons.
We discuss each of these situations below. But first, a commonsense note: You don't want to go to court to argue about any of these theories if you can possibly avoid it. So if a landlord tries to get rid of you or your pet, sit down together and try to work things out. You may end up paying a little more rent or putting down a bigger security deposit, but it will be cheaper than court.