Can I adopt a dog over 30 pounds if the lease doesn’t say it has to be within a certain weight?

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Can I adopt a dog over 30 pounds if the lease doesn’t say it has to be within a certain weight?

I want to adopt a dog, but the landlord said no because it will cause vibrations on the floor and disturb the people downstairs. In the lease, it doesn’t say the dog has to be under a certain weight. Can I still adopt the dog?

Asked on June 15, 2012 under Real Estate Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A lease is a contract: both parties are bound by its terms, but those terms are as written in the lease; neither party may modify or add to those terms without the consent (agreement) of the other. If the lease does not limit a dog's weight, you may adopt a dog over 30 lbs. That said, if the dog does damage the premises, you would liable for such damage; and if it does legitimately unreasonably disturb the right to quiet enjoyment of other tenants, you could potentially face eviction if the landlord orders you to cease such disturbance and you cannot or do not. The landlord cannot simply "make up" a reason to evict, but any alleged disturbance would have to actually be supported by the facts.


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