The Detroit rental market presents unique challenges for landlords, and one of the common concerns is managing residents with pets. Pets can create a range of issues, from damage to the property to noise disruptions, making it harder for landlords to maintain their investment. As a result, many property owners wonder: can landlords legally refuse pets?
In Michigan, landlords can refuse pets under specific circumstances, but the situation can be complex. However, certain rules and factors, like lease agreements and insurance requirements, may decide when and how landlords can refuse pets.
If you’re a landlord facing this issue, understanding the details can help you make informed decisions and avoid potential conflicts. Keep reading to learn more about your rights and responsibilities.
Legal Frameworks in Michigan Regarding Pets
As a landlord, it’s essential to understand local regulations governing pet ownership. These rules help ensure a safe and respectful environment for residents and pets.
Licensing Requirements
In Michigan, specifically, dogs are required to be licensed. As a landlord, you can ask residents to provide proof of licensing to ensure they are vaccinated and registered under MCL 287.262.
However, Local ordinances for licensing other pets, such as cats, birds, or reptiles, can vary by municipality.
Leash Laws and Restraint Requirements
Pets must be kept on a leash or under restraint in public spaces. Landlords can require renters to follow this rule to ensure pets remain safely contained within the rental property.
Noise and Nuisance Regulations
Michigan law addresses excessive noise caused by pets, especially in residential areas. Landlords can establish rules in the lease agreement to prevent noise disturbances, particularly in multi-unit buildings.
Responsible Pet Waste Management
The local ordinances require pet owners to clean up after their pets. Landlords can specify that residents properly dispose of pet waste to keep the property clean and prevent health risks.
Animal Cruelty and Neglect Laws
Michigan law strictly prohibits animal cruelty (MCL 750.50). It’s crucial to ensure renters are aware of these laws and maintain a humane environment for their pets.
Dog Bite and Liability Laws
Under MCL 287.351, owners are held liable for injuries caused by their dogs. As a landlord, you may want to clarify liability responsibilities in your lease to avoid legal complications.
Breed-Specific Legislation
Some Michigan cities have breed-specific legislation restricting certain dog breeds. As a result, breed restrictions may be enforced to protect rental property and ensure safety for all residents.
Landlords’ Rights Regarding Pet Refusal
Landlords have the right to refuse pets in their rental properties. Setting clear pet policies helps ensure the property remains in good condition and minimizes issues with other residents.
General Rights to Refuse Pets
- Lease Agreements Define Policies: Landlords can create lease agreements that outline specific pet policies. It ensures residents comply with the rules and expectations regarding pet ownership from the start of the residency.
- Security Deposits and Pet Fees: Landlords can require security deposits and charge additional pet fees to cover potential damages caused by pets. Michigan law allows pet deposits, but they must not exceed one and a half months’ rent.
- Enforcing Rules: Landlords can enforce pet-related rules and regulations as specified in the lease agreement. It includes addressing any violations, such as unauthorized pets or failure to comply with noise and nuisance regulations. Enforcing these rules helps maintain a harmonious living environment for all residents.
Exceptions to Pet Refusal
- Service Animals: Under the Fair Housing Act and the Americans with Disabilities Act, landlords must make reasonable accommodations for renters with disabilities who have service animals. Service animals are not pets, and landlords cannot charge additional fees or deposits for them.
- Emotional Support Animals (ESAs): Under the Fair Housing Act, residents with Emotional Support Animals are allowed to have them in the home, regardless of pet restrictions. You cannot charge additional fees or refuse these animals if the resident provides the necessary documentation.
When Can a Michigan Landlord Refuse a Resident’s Pet?
As a landlord, refusing a pet can be a necessary step to protect your property and the well-being of your residents. AmeriHome outlines several key reasons landlords may refuse residents with pets:
Property-Specific Concerns
Some rental properties may not be suitable for pets due to their design, shared spaces, or specific maintenance needs. Landlords can refuse pets if they believe allowing animals could negatively affect the property or cause safety issues for renters.
Pet Type or Behavior Concerns
Certain pets, especially those with aggressive tendencies or behavioral problems, may pose risks to other residents. Consequently, their behavior could lead to injuries or property damage and finally lead landlords to pet refusal,
Insurance or Liability Issues
Pets, particularly certain breeds or sizes, can increase liability risks and may not be covered by your insurance policy. To avoid unexpected costs, landlords may deny pets accessibility.
Violations of Local Laws or Ordinances
Local laws may restrict or regulate certain animals, such as exotic pets or specific dog breeds. Landlords can refuse pets that violate these laws to ensure compliance with city ordinances.
Resident’s Failure to Provide Assurance
If a resident cannot provide adequate documentation of a pet’s behavior, vaccination status, or licensing, landlords may refuse residents with pets.
Financial Impacts of Refusing Pets?
Refusing pets might seem like an easy choice for landlords looking to avoid potential problems. However, it’s essential to consider both the positive and negative financial impacts this decision could have on your property and rental business.
Positive Impacts
- Reduced Risk of Property Damage: Refusing pets helps protect the property from potential damage, especially from destructive animals. With approximately 62.4% of Michigan residents owning pets, landlords who avoid them reduce the risk of costly repairs from pet-related wear and tear.
- Minimized Noise Complaints: Pets, especially dogs, can cause noise disturbances that affect renter satisfaction. By refusing pets, landlords can minimize noise complaints.
- Simplified Property Maintenance: Pets can contribute to more frequent cleaning and maintenance needs. With over 41.9% of pet owners having dogs, landlords may face additional costs for upkeep. Refusing pets reduces these ongoing maintenance expenses, allowing for simpler property management.
- Lower Liability Risks: Pets, particularly aggressive ones, may pose liability risks. In Detroit, where pet ownership is common, avoiding pets can reduce potential incidents and lawsuits, protecting the landlord’s financial interests.
- Fewer Insurance Complications: Allowing pets can complicate insurance policies, especially for high-risk breeds. As dog ownership has risen by 5.9% since 2001, landlords may face higher premiums or coverage issues if they allow pets on their properties.
Negative Impacts
- Limited Resident Pool: With Detroit ranking 42nd of the top 91 pet-friendly cities, refusing pets limits the pool of potential residents. Many pet owners may look for more pet-friendly rentals, leaving fewer renters for landlords to choose from.
- Missed Revenue Opportunities: Landlords who refuse pets might miss out on additional income, such as pet fees or increased rent. With a significant percentage of residents owning dogs and cats, offering a pet-friendly policy could open up financial opportunities.
Conclusion
The laws around refusing pets can be confusing for homeowners, especially when trying to balance the legal requirements with property interests. Landlords must carefully review local regulations to make the best decision. That’s where our property management services come in. We specialize in handling these complexities for landlords, ensuring compliance while protecting your investment.
Frequently Asked Questions
What should a homeowner do if a resident refuses to remove their pet despite the pet policy?
Homeowners can issue a formal notice of violation if a resident does not comply with the lease terms. If the issue persists, the homeowner may proceed with eviction, following the conditions outlined in the lease agreement and in compliance with local and state laws.
What should a homeowner do if a resident requests to keep a pet despite the no-pet policy?
Homeowners can consider the resident’s request and make exceptions if the resident provides proper documentation, especially in cases involving emotional support or service animals. Otherwise, the no-pet policy remains enforceable.
How does a homeowner enforce a no-pet policy if residents attempt to hide pets?
Homeowners can include clauses in the lease to inspect the property or request confirmation from residents. Regular inspections may help ensure compliance, but any action must respect renter rights and privacy laws.
