Legal Question in Real Estate Law in Illinois
When I moved into my current apartment building, I was told that it was pet-free both by the landlord and my lease, which was ideal because I am allergic to cats. However, over the past year I've realized that many of my neighbors have dogs and cats. I've heard them barking, seen them roaming the halls and riding the elevator. I am interested in adopting a dog now, but my landlord says no new pets are allowed. She said that any pets here are grandfathered in or are for special needs. This, however, doesn't seem true since I had neighbors move in less than a month ago with a dog. Does the building have the right to deny my adoption of a dog?
1 Answer from Attorneys
They have an obligation to apply rules uniformly and consistently. They can start a no new pet policy (subject to laws for service animals and the like), but can't discriminate. The problem is that if they do, how far do you want to go objecting. Really you're suffering no real compensable "damages" since you went into the lease knowing you didn't want an animal. Is the landlord's handling of it wrong? Probably based on what you're saying, but I suggest that you choose your battles.
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