The Renter’s Rant: The trouble with Fluffy

by Beki Hartmann | March 4, 2010 | Montana Kaimin

Editor’s note: This is a biweekly guest column brought to you by the ASUM Off-Campus Renter Center. Please submit your questions to the ASUM Suites located on the first floor of the UC, near UM Productions, or e-mail them to .(JavaScript must be enabled to view this email address). Visit http://www.umt.edu/asum/rentercenter to read The Montana Landlord/Tenant Act and learn more about renting in Missoula.

Maybe that pooch seemed like a great idea when you saw him staring up at you with those dark, saucer-sized eyes, wagging his tail in anticipation of you taking him home … but, after you get him home, he doesn’t understand “going outside” or that when you leave the room for 10 seconds you will actually come back despite his desperate whining. And to top it all, maybe your landlord doesn’t even want pets in your apartment.

Owning a pet may be a great experience, but it might also make your choices in finding a Missoula rental more difficult. And it may put you in precarious situations with landlords who decide your pet is not a good fit.

Consider the answers to some common questions that I receive about pets in rentals so you can make an informed decision about adopting a pet or living with roommates who have pets:

“What if my landlord doesn’t allow pets? I bet he won’t even find out, and even if he does, he can’t do anything.”

Actually, your landlord can evict you in a matter of six days! Montana Landlord/Tenant Act says that landlords may give a tenant three days to get rid of a pet that isn’t on the lease agreement. Then if the pet is not removed in those three days, the landlord may give the tenant and the pet a three-day notice to vacate the premises.

“My roommate’s dog did his business on our beige carpet and it left an obvious stain. Now that we are moving out, the landlord is taking our full deposit to replace the carpet. Shouldn’t our landlord only take it out of my roommate’s deposit since it is his dog?”

No. When you go into a rental agreement with someone, you share the responsibilities of upholding the contract. If the carpet costs your entire deposit to replace, then the whole deposit will be used. Maybe your roommate will own up to the damage and give you your half of the deposit out of his own pocket.

“At the beginning of the lease, I told my landlord about my dog but it was never put in my lease. Now he claims that I need to move out because he never knew about the dog. Can he do that?”

It sounds like your landlord probably doesn’t want you to have a pet because of complaints about the pet or damages he thinks are being caused by the pet. You don’t have much ground to stand on as far as the Montana Landlord/Tenant Act goes, but try to come up with proof that the landlord knew about the pet at the lease signing. Also, you could offer to put down a pet deposit, which is used to cover damages that your dog may cause in the rental. In the future, make sure that Fido is in your lease when you sign it.

Still want a pet? If yes, contact the Humane Society, AniMeals or Missoula Animal Control. If you qualify, some of these organizations may allow you to foster an animal while it is waiting to be adopted. If you have the time to take care of an animal that might be in need of a lot of care and attention, fostering is a good way to give an animal a home while they are awaiting permanent adoption. Just make sure your lease is changed to include the new addition to your home and that your roommates are okay with having a pet.

Beki Hartmann, Director,
Off-Campus Renter Center

Disclaimer: The Off-Campus Renter Center does not employ attorneys and the information given here is intended for educational purposes only. Please consult ASUM Legal Services for legal advice.

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