Can an apartment manager fine all pet owners in a complex if a pet owner does not clean up when walking his/her dog?

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Can an apartment manager fine all pet owners in a complex if a pet owner does not clean up when walking his/her dog?

That is, charging all owners $10 if evidence that someone has not cleaned up is found during a walk-through of the complex.

Asked on January 15, 2013 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The apartment owner can only do this if the tenants' leases (or any building rules which are incorporated into or made part of tenant leases) specifically states that in the event of not-cleaned-up dog waste, all pet owners will be fined. A landlord may only impose those fines contained in written  leases, since the lease defines the terms of the tenancy and gives the landlord his/her/its authority.


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