Renting with furry family members (and pets without fur too)
I am shamelessly and unapologetically in love with my dogs! Not only are they the most adorable creatures on the entire planet, they bring me endless joy with their silly personalities and unconditional love.
Unfortunately, landlords are often not as fond of their tenants’ furry friends as the rest of us are. Many landlords completely ban pets, while others charge pet rent and require additional pet deposits. This is very frustrating and at times seems extremely unfair. So, how can you find a rental to share with your furry family members? And what are your rights surrounding pets?
This blog post will only address pets and will not discuss assistive/service animals. So, if you are looking for information about service animals, you can skip this post, or if you want to see lots of cute dog photos you can read this post AND the blog post that addresses assistive animals!
As a dog lover and the mother of three dogs (2 French bulldogs and a beagle chihuahua mix), I am going to talk a lot about dogs, but this blog post is not intended to exclude other pets. These laws apply to cats, rats, hamsters, snakes, teacup piglets, and any other animal that lives inside your dwelling with you.
1. Looking for a rental unit that allows pets
Generally, landlords may decide whether or not to allow pets on the property. If a landlord says no pets, generally no pets are allowed (there is of course an exception for assistive/service animals).
Read your lease before you sign it. If your lease prohibits pets, do not try to sneak your pet into your home. Do not hope that your pet’s adorable little face will charm your landlord, because that may not work. Under Montana Law, your landlord can evict you if you have an unauthorized pet living with you. The landlord must give you written notice allowing three days to get rid of the pet or move out. If you fail to get rid of your pet within 3 days your landlord may begin the eviction process.
It is best to be up front with potential landlords and let them know you are specifically looking for a unit that allows pets. There are lots of housing search sites that have a function allowing you to search only for rentals that allow pets. You can also ask your friends if they know of an property management companies that allow pets.
If you are struggling to find housing that allows your pets, the Renter Center may be able to help you.
2. Pet Rent & Pet Deposits
Once you find a landlord that allows pets, you should ask the landlord to give you a written statement granting you permission to have your pet, or make sure there is a provision in your lease.
Landlords may also require an additional pet deposit and charge you pet rent, these are both permitted under Montana law.
Under these laws, pet deposits are treated the same as a regular deposit. This means that your landlord may not require a “non-refundable” pet deposit (non-refundable deposits are forbidden by Montana law).
If you landlord is intends to keep any portion of your pet deposit they must give you written a explanation within 30 days of move-out detailing the reasons your deposit will not be returned.
The law also allows your landlord to charge higher rent because of your pets. Make sure you are aware of these additional charges, and plan accordingly. Although the added expenses are annoying, I think most of us can agree that our pets are worth a few extra dollars a month.
3. Property damage caused by your pet
If your pet causes property damage, you will be responsible. Your landlord may keep all or part of your security deposit or pet deposit to cover the cost of repairs for damage caused by your pet.
Within 7 days of move-out your landlord should conduct an inspection of the property to determine if you left the property damaged. If you leave the premises dirty, your landlord must give you an opportunity to clean the premises. The law allows you a 24 hour period to do so. Following this period, if your landlord decides to keep any part of your security deposit they must provide you a written explanation containing an itemized deduction list within 30 days of move-out.
If the damages caused by your pet exceed the amount of the security or pet deposit, your landlord may file a claim against you for the remaining amount owed.
4. Breed Restrictions
Many landlords and property management companies prohibit certain breeds (such as pitbulls, rottweilers, german shepards etc.) While it may be a gross generalization to assume that all pitbulls etc. are violent and aggressive by nature, a landlord is perfectly within their rights to restrict breeds.
This can seem super unfair and can make your housing search even more difficult. We recommend that you call the landlord or property management company and ask if they ever make exceptions. Occasionally landlords are willing to be flexible with breed restrictions if you can prove that your dog is sweet and gentile.
As always we are here to help you! If you have questions or would like to discuss these topics more in depth, please reach out to ASUM Legal Services or the ASUM Renter Center.
ASUM Legal Services
University Center, Room 116
(406) 243- 2613
ASUM Renter Center
University Center, Room 118
(406) 243- 2017
**Disclaimer: The contents of this publication are not legal advice. There is no guarantee contents are current and up-to-date, or that they apply to your specific situation.
