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Old 01-10-2012, 09:42 AM
 
23 posts, read 45,974 times
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Does anyone know what the laws on the books are regarding small animals as pets, i.e. aquarium fish, birds, hamsters or reptiles ect.?

I was under the impression that even if the landlord says "no pets" that small animals are pretty much exempt from this because they are so small they do not pose a major risk of any kind.
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Old 01-10-2012, 09:47 AM
 
Location: Abu Al-Qurq
3,597 posts, read 7,308,899 times
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Quote:
Originally Posted by angry gamer View Post
Does anyone know what the laws on the books are regarding small animals as pets, i.e. aquarium fish, birds, hamsters or reptiles ect.?

I was under the impression that even if the landlord says "no pets" that small animals are pretty much exempt from this because they are so small they do not pose a major risk of any kind.
Might could try poring through Albuquerque's city code.

On a more pragmatic note, it's all about what's written in the lease, and the money that's exchanged hands (i.e. damage deposit). If you agree in your lease to not keep such things, then you won't get much sympathy if your landlord doesn't renew your lease or takes you to court or withholds your deposit.

Many landlords won't care as long as you pay your rent regularly. It would probably help if we knew if this was a preexisting relationship (i.e. you have a particular landlord to deal with) or a new one (many landlords couldn't care less as long as it doesn't present a danger or cause damage).
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Old 01-10-2012, 10:14 AM
 
23 posts, read 45,974 times
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Quote:
Originally Posted by Zoidberg View Post
Might could try poring through Albuquerque's city code.

On a more pragmatic note, it's all about what's written in the lease, and the money that's exchanged hands (i.e. damage deposit). If you agree in your lease to not keep such things, then you won't get much sympathy if your landlord doesn't renew your lease or takes you to court or withholds your deposit.

Many landlords won't care as long as you pay your rent regularly. It would probably help if we knew if this was a preexisting relationship (i.e. you have a particular landlord to deal with) or a new one (many landlords couldn't care less as long as it doesn't present a danger or cause damage).
I'll look through that, thanks. I called the Landlord Tenant hotline this morning looking for what the laws are and I was referred to a "Renter's Guide" web page, which wasn't much help.

My short search on the internet this morning confirmed what I had thought earlier, that other people also believe small pets generally don't fall under the "no pets" clause, as some even recounted some of their tales of moving with small animals even when it says "no pets", but it is the internet and all, so I have to take that with a grain of salt.

With my situation in particular, I have rented the place I reside in now for 6 1/2 years and I have never been late with the rent once.

Last October I homed a 2 ft. Garter snake as a pet, just one and he is full grown. He won't get any bigger.
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Old 01-10-2012, 08:02 PM
 
Location: New Mexico and Arizona
266 posts, read 557,113 times
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Risk could mean different things to different people. I could imagine a whacky scenario in which the landlord didn't know a tenant had a micro-pet and accidentally harmed it, let it loose, etc., during an inspection, pesticide application, or whatever. And, venomous reptiles would be a whole different story; a rattler in the vent ducts just might annoy some people.
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Old 01-16-2012, 06:40 PM
 
Location: Morristown, TN
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Regardless of laws, if the landlord says no pets and you wish to rent or remain in the home, you abide by the landlord's rules. His house, his contract, his rules.
A pet is a pet is a pet, regardless of size.
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Old 01-16-2012, 07:47 PM
 
Location: Albuquerque
366 posts, read 716,791 times
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Quote:
Originally Posted by RamblinRoseRanch View Post
Regardless of laws....
That's not true, NM Renter-Tenant law trumps anything in a rental agreement.

That said, there is no laws about pets that I can find, so whatever is in the rental agreement goes. The only exception is service animals for a disability, which are not considered pets. Otherwise the definition of a pet is whatever a lawyer can convince a judge that it means, I would say a snake would certainly fall under the pet category (what would you call it?)

If you have a snake and the agreement says no pets you are in violation of the lease and need to modify it with your landlord so that there is an exception for the snake. If your landlord doesn't agree to it they shouldn't have any legal issues with starting the eviction procedure for violating the lease.
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Old 01-16-2012, 09:29 PM
 
Location: New Mexico U.S.A.
24,133 posts, read 38,871,775 times
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Federal and State laws allow a tenant with a disability to possess a service, assistance or emotional support animal even if there is a no-pet policy in force.


Under the Federal Fair Housing Act it is unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices and services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling unit, including public and common areas. Under the Fair Housing laws, support animals must be allowed in a residential dwelling when they affirmatively enhance a disabled tenantís quality of life by ameliorating the effects of their disability.


A support animal is an animal that provides assistance to a person with a disability, including but not limited to, mobility, hearing, guide, seizure alert and emotional support. By law, a support animal is not considered a pet.


If you have a guide dog, signal dog or service dog or other service animal, be prepared to show the license and tag to the landlord. Otherwise you will be violating your lease.

'I was under the impression that even if the landlord says "no pets" that small animals are pretty much exempt from this because they are so small they do not pose a major risk of any kind.' is just wishful thinking. As a landlord, I might have you removed from the premises as quickly as legally possible.



Rich
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Old 01-17-2012, 01:29 AM
 
23 posts, read 45,974 times
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Thanks for the replies, everyone. I was under this impression partly from when I was growing up. It's been about 30 years since then. The other part was from stuff I had read on the 'net.

At any rate, I have a good relationship with my landlord, so if I can't have the snake it's not like the landlord would start evicting me tomorrow. If I need to give the snake away, then I'll do that.
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Old 01-17-2012, 01:33 PM
 
Location: Tejas
7,504 posts, read 15,969,677 times
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Common sense would say you ask the landlord before you go out and get a snake.
"If I need to give the snake away, them ill do that". Youd definitely get no sympathy from me with that attitude of just dump the animal because its not convenient to you to keep it anymore.

Ask the landlord, its not that hard to do. You could have called the landlord numerous times while you were posting here ...
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Old 01-17-2012, 07:03 PM
 
Location: Morristown, TN
1,754 posts, read 3,596,814 times
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Quote:
Originally Posted by ralthor View Post
That's not true, NM Renter-Tenant law trumps anything in a rental agreement.

That said, there is no laws about pets that I can find, so whatever is in the rental agreement goes. The only exception is service animals for a disability, which are not considered pets. Otherwise the definition of a pet is whatever a lawyer can convince a judge that it means, I would say a snake would certainly fall under the pet category (what would you call it?)

If you have a snake and the agreement says no pets you are in violation of the lease and need to modify it with your landlord so that there is an exception for the snake. If your landlord doesn't agree to it they shouldn't have any legal issues with starting the eviction procedure for violating the lease.
Is there an area in NM renter/tenant law that addresses the small animal issue?
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