Can a landlord restrict the breed/size of an emotional support dog?

UPDATED: Dec 12, 2011

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Can a landlord restrict the breed/size of an emotional support dog?

And can they charge a pet fee?

Asked on December 12, 2011 under Real Estate Law, Wyoming


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First, any landlord can request a security deposit for having a pet in a rental beyond the customary security deposit for non pet owners.

As to a restriction for an emotional support dog as to breed and size, unless an emotional support dog is defined by statute of one's state such as a service dog or a seeing eye dog, the landlord can restrict the breed and size of the canine.

One way to possibly resolve any impasse that you may have with your landlord about the dog you may want for the rental is to have a face to face meeting with him or her to see what concessions can be made to allow the dog in the rental unit.

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 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.

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