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

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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 12 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them or got the dogs later, because one of the underpinnings of their rental, of which you had been aware, was no longer valid, they would likely be able to terminate the lease.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.


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