Can our renters break their lease because of allergies to our dogs?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can our renters break their lease because of allergies to our dogs?

Asked on January 19, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

They would only be able to break their lease in this circumstance if:

1) At the time they had rented (or prior to that, during initial discussions), they had asked about whether you had dogs or not and you'd said no, and it was (or should have been) clear from the discussion that it was critical to them that you did not have dogs, and that they would not have rented if you did. Then, regardless of whether you misinformed them or got the dogs later, because one of the underpinnings of their rental, of which you had been aware, was no longer valid, they would likely be able to terminate the lease. (The legal theory is slightly different if you misinformed them about dogs or got the dogs later, but the end result is the same.)

2) There is something in the lease stating there are no dogs in the building, which you are breaching.

3) You are not controlling your dogs and are allowing them into space which is the tenants' space (e.g. if they have a separate yard or deck, allowing the dogs onto that).

Other than that--i.e. other than some "wrongdoing" by you in regards to the dogs--then no: the fact that they have allergies does not entitle them to terminate the lease.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption