Legal Question in Real Estate Law in Michigan

Can a landlord demand that a cat be de-clawed?

My 86 year-old mother is about to move from Maryland to Michigan to move into a brand-new home in retirement community. They accept cats, but she has just been informed (a month from move in) that she has to have her cat de-clawed to move in. Is this legal? My mother is aware that she is financially responsible for any damage to her home from her cat, or otherwise, (and would be happy to pay an extra security deposit of any amount), but she doesn't want to have her cat de-clawed. Her cat is an adult cat now, and has never been a cat to damage furniture, drapes, etc., with her claws. What are her rights? Thank you.


Asked on 1/20/03, 5:33 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Can a landlord demand that a cat be de-clawed?

She may have an action on the contract where she was not informed of this beforehand and she entered into the contract relying upon the representation that she could bring her clawed cat.

It is highly unlikely, however, that she would be able to rescind the contract. Essentially, she may be able to have them pay for de-clawing the cat as the basis of her reliance damages.

There is little that she can do to force them to admit her with a clawed cat. Not only does the retirement community have a basis to support its declawing policy from the perspective of property damage but also

upon potential injury to those who live in the community or to other pets residing there. There is one encouraging note in that they allow her to bring a pet at all since this is not always the case. She may want to think about letting someone else take care of the adult cat and getting a younger cat that may not be as adversely affected by de-clawing.

Read more
Answered on 1/24/03, 10:57 am
Don Darnell Darnell & Lulgjuraj, P.C.

Re: Can a landlord demand that a cat be de-clawed?

Cats do not have rights. Sorry to be so glib, but rules are rules in a landlord-tenant situation.

Read more
Answered on 1/21/03, 9:01 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Michigan