Do state and local laws overrule a lease agreement regarding pets?

UPDATED: Sep 7, 2011

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Do state and local laws overrule a lease agreement regarding pets?

I want to rescue a dog but according to the apartment manager the lease apartment rules are no pets over 80 pounds. There is no mention of breed restrictions that I am aware of as I only have a partial copy of my lease agreement. The part that refers to any rules I never received. So if it doesn’t specifically state a breed or weight limit in the event I ever get a copy of that portion do I have any rights to dispute owning a pet?

Asked on September 7, 2011 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A written lease between a landlord and his or her tenant concerning a rental governs the obligations owed by each to the other in the absence of conflicitng state law on a given subject. If the written lease that you are concerned about states no pets over eighty (80) pounds are allowed at the rented unit, no pets over this weight are allowed unless there is some Texas statute stating that such a restriction based upon weight of a given pet is invalid.

For you to make any informed decision about rescuing the dog you want, you need to first get a complete copy of your written lease and carefully read it. Its terms will set forth what you can and cannot do as far as having a certain pet where you live. From there you can then start your research as to whther any restrictions concerning a pet are invalid under the laws of your state.

Good luck.

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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