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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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