No dogs allowed. Getting deposit back

pychofairy

My rental lease specifies no animals are allowed without the Landlords consent.
I asked for consent through the letting agent and was told the "landlords hands are tied" by the property management company's house rules which state that "dogs are forbidden".
If I keep a dog on the property, can I still get my deposit back, once it does't affect any other residents quiet enjoyment or causes damage??

The residential Tenancies Act states:

A landlord of a dwelling shall— 12 (d) subject to subsection (4), return or repay promptly any deposit paid by the tenant to the landlord on entering into the agreement for the tenancy or lease..



(4) Subsection (1)(d) applies and has effect subject to the following provisions:

(a) no amount of the deposit concerned shall be required to be returned or repaid if, at the date of the request for return or repayment, there is a default in—

(i) the payment of rent and the amount of rent that is in arrears is equal to or greater than the amount of the deposit, or

(ii) compliance with section 16 (f) and the amount of the costs that would be incurred by the landlord, were he or she to take them, in taking such steps as are reasonable for the purposes of restoring the dwelling to the condition mentioned in section 16 (f) is equal to or greater than the amount of the deposit,


16 (f) not do any act that would cause a deterioration in the condition the dwelling was in at the commencement of the tenancy, but there shall be disregarded, in determining whether this obligation has been complied with at a particular time, any deterioration in that condition owing to normal wear and tear, that is to say wear and tear that is normal having regard to—

(i) the time that has elapsed from the commencement of the tenancy,

(ii) the extent of occupation of the dwelling the landlord must have reasonably foreseen would occur since that commencement, and

(iii) any other relevant matters,



So... if I get a dog and am not issued notice by the landlord to get rid of it etc... as long as i don't cause any damage, or default on the rent, I am legally entitled to my deposit?

I already asked the management company for a reasonable accommodation and supplied guarantees etc but it wasn't considered. Funnily enough another tenant in the complex has a dog and the company seems to tolerate it.
What is the worst case scenario for me I get a dog?

ProudDUB

pychofairy wrote: »

If I keep a dog on the property, can I still get my deposit back, once it does't affect any other residents quiet enjoyment or causes damage??

How exactly are you going to ensure that other residents get "quiet enjoyment" of their homes? Will you be home 24 hours a day, 7 days a week to make sure Fido never barks, never harasses others & never poops on your neighbours doorsteps/grass/flower beds? Will you put a muzzle on your dog every time he barks? What about the poor woman next door to you who has spent an hour trying to get her baby to go to sleep, and he is woken up by said barking before you get to put the muzzle on? What about her? How much is she enjoying the quiet and peace of her home? Not much imo.

So... if I get a dog and am not issued notice by the landlord to get rid of it etc... as long as i don't cause any damage, or default on the rent, I am legally entitled to my deposit?

No. A deposit can only be legally retained if it kept in lieu of outstanding rent, or to cover cleaning and decorating costs over and above normal wear and tear. Pets often leave unpleasant odors in the air, stains on carpets and hairs on furniture, claw marks on wood floors etc etc. Many animal lovers do not even notice these things, and would not mind them all that much if they did. Non animal owners would notice these things, and would object to them. Different people will have different standards as to what constitutes cleanliness and/or damage, but taking care of the above would be considered by most people to be over and above "normal" wear and tear, especially if the community has a No Pets policy in the first place.

If the land lords decides to hang onto your deposit to pay for the apt and furniture to be professionally cleaned and/or fumigated after you leave, I wouldn't blame him one little bit. If you go after him via the PRTB to get it back, you wouldn't have a legal leg to stand on seeing as you willfully broke one of the terms of your lease in the first place.,

What is the worst case scenario for me I get a dog?

It's not just about the deposit. Your land lord could start eviction proceedings against you as you are breaking one of the terms of your lease.

I honestly don't want to come across as an animal hating beeotch here, coz I really am not. But rules like that are there for the best interests of the residents as a whole body of people living in close proximity to each other. It is not right for you to come along and flagrantly break them just because you feel like it, or you feel that you can get away with it unscathed financially.

athtrasna

If you keep an animal on the property the landlord is guilty of breach of their lease with the management company and they face sanctions and possible legal proceedings.

If you have been refused consent to have a pet then that should be the bottom line. There is NO such thing as a quiet dog, and in high density living, a dog in one apartment could disturb 10, 20, 30 or more other apartments. Our MC is currently taking action against an apartment 22 away from mine that I can hear barking right now. The owner has sworn blind that the dog never barks but tell that to the neighbours who are being kept awake (including either side who are health professionals and really need their sleep!)

In theory if you have a dog, in breach of the lease, the landlord could evict you and proceed to seek a judgement against you for the rent for the remainder of the lease. The deposit would be the least of your worries.

Pkiernan

What part of "NO DOGS" are you having difficulty grasping?

Here's a thought, instead of fcuking over a landlord by having your dog damage his property, how about buying a gaff of your own?

pychofairy

All theory bear in mind..
Doesn't seem to be much protection there for the landlord, really.
The landlord would have to prove there is a dog onsite.They must give notice before inspecting the property; so could hide the dog elsewhere etc.
The house/apartment could be cleaned and documented so cleaning expenses wouldn't add up afterwards.
Maybe the dog is a quiet breed that doesn't bark? Seems plausible.

Another option would be to get a (bent) doctors note to say the dog is required because of a disability. The disability does not have to be disclosed by law and the landlord cannot discuss it with anyone legally. it would be seen as discrimination not to allow the dog as a reasonable accommodation.

Senna

pychofairy wrote: »

All theory bear in mind..
Doesn't seem to be much protection there for the landlord, really.
The landlord would have to prove there is a dog onsite.They must give notice before inspecting the property; so could hide the dog elsewhere etc.
The house/apartment could be cleaned and documented so cleaning expenses wouldn't add up afterwards.
Maybe the dog is a quiet breed that doesn't bark? Seems plausible.

Another option would be to get a (bent) doctors note to say the dog is required because of a disability. The disability does not have to be disclosed by law and the landlord cannot discuss it with anyone legally. it would be seen as discrimination not to allow the dog as a reasonable accommodation.

FFS just move somewhere that allows dogs. Your ideas are frankly ridiculous (to say the least), you are renting someone else's house, they have rules and "NO DOGS" seams about as clear cut as it gets.

MariMel

pychofairy wrote: »

All theory bear in mind..
Doesn't seem to be much protection there for the landlord, really.
The landlord would have to prove there is a dog onsite.They must give notice before inspecting the property; so could hide the dog elsewhere etc.
The house/apartment could be cleaned and documented so cleaning expenses wouldn't add up afterwards.
Maybe the dog is a quiet breed that doesn't bark? Seems plausible.

Another option would be to get a (bent) doctors note to say the dog is required because of a disability. The disability does not have to be disclosed by law and the landlord cannot discuss it with anyone legally. it would be seen as discrimination not to allow the dog as a reasonable accommodation.

It really isnt going to be hard to prove a dog is on site.
Do you plan to NEVER walk it......if so that is cruel and a dog who doesnt get enough exercise is more likely to bark and be disruptive.
I have a dog....with permission from my LL. She is not a barker yet once in a while she lets out a bark or two if an unusual unknown noises frightens her or once someone peered in the window and she barked then too. (living in apartments would produce a vast array of noises that you could not control 24/7)

Should you actually require this dog for a reason of disability then you should find suitable accommodation and obviously this place is not suitable.
But that goes for even if you want a dog purely as a pet.
The place I am moving to in a fortnight even had up on its daft advert that pets are welcome so places do exist. I am upfront about the fact I have a dog. Being a greyhound she's kinda hard to miss. But other than they see me out walking her twice a day, my neighbours say you wouldnt know a dog lived in the house at all. Again as mentioned above, adequate exercise and training is vital for any dog.

syklops

Theres about a million houses out there empty looking for tenants. Why put yourself through the hassle of trying to decieve someone when you could move somewhere else that allows dogs so easily?

djimi

The mere idea of what you are suggesting is ludicrous. Its not easy to hide a dog (if its anything like the ones in my apartment complex, even the more well behaved ones, you can be sure that there will be at least one neighbour only too happy to report you) and if you are found to be in breach of your contract you can and probably will get evicted.

Dogs do not belong in apartment complexes. The ones in our place cause no end of hassle; between barking at all hours of the night and ****ting all over the carpark/green areas. If you want to get a dog then move to an accomodation that is suitable to keep one, and where your landlord is not going to evict you for having it.

the_syco

pychofairy wrote: »

If I keep a dog on the property, can I still get my deposit back

So you're wondering if you break the lease, will you get your deposit back? I doubt it.

How easy is it to notice a dog lives in your place? Very easily.

ProudDUB

pychofairy wrote: »

All theory bear in mind..
Doesn't seem to be much protection there for the landlord, really.
The landlord would have to prove there is a dog onsite.They must give notice before inspecting the property; so could hide the dog elsewhere etc.

Are you never going to walk the dog, either on site or by going off to some near by park or beach? What about taking the dog to the vet if he gets sick or if he needs shots? What about your needing to drop Fido over to a friends house or a kennel if you are going away? How are you going to hide him or smuggle him in and out of your apt without your neighbours noticing & reporting you? Did Harry Potter give you his invisibility cloak? You are going to need it.

Maybe the dog is a quiet breed that doesn't bark? Seems plausible.

A dog that doesn't bark is called a cat. It ain't no dog.

Another option would be to get a (bent) doctors note to say the dog is required because of a disability. The disability does not have to be disclosed by law and the landlord cannot discuss it with anyone legally. it would be seen as discrimination not to allow the dog as a reasonable accommodation.

Do you seriously expect people here to say "Oh yeah, that's a great idea. Off you go now and find your crooked doctor and bribe him to do your bidding". I mean seriously? (How are you going to find said doctor btw? Put an ad for one in the paper? Go to www.bentdoctors.com and find one there? )

Seriously OP, stop taking the piss. All you are trying to do is now is figure out ways to screw your landlord & your neighbours over & that is not on. You'll also make any dog that you get miserable due to all this cloak and dagger nonsense of having to hide him and not take him for walks. That is also not on. If were a true animal lover, you wouldn't do that.

Do what every one else here has said. Find accommodation that accepts pets.