Q: Renting a lot in ElginTx. Signed lease allows max 4 dogs. taped a notice on door stating certain breeds are now banned
To give you a background- I have rented a lot in Elgin for over three years now, contract changing and always resigned. The contract states we are allowed to own four dogs and then rules about how the dogs must act in the park.
Management just taped a sign on everyone’s door yesterday stating due to insurance policies (they gave a list of breeds) and any mixes of the above are no longer welcome at the park and tenants need to find arrangements for these dogs within 10 days.
I have been doing research on the HB 1159 and SB 349 I’ve looked into sec. 822.047 Texas health and safety codes. I’ve also looked into bastrop counties ordinances. Trying to figure out if this rental park can actually discriminate against an entire breed/ mixes or not. Everything I’ve seen has stated that Texas no longer can discriminate against a breed only against a dangerous dog, which none of my mixes have been deemed so. want to know if this is legal, the way tenants were notified was legal and what Ican do
A:
In Texas, while HB 1159 and SB 349 restrict municipalities from enacting or enforcing breed-specific legislation, these laws primarily pertain to local government actions and not private entities like rental parks. That said, if your lease agreement specifies that you can own four dogs without breed restrictions, the landlord may be in breach of the contract by unilaterally changing these terms during the lease period. The way the notice was provided, taped to the door, might not conform to the notice requirements set forth in your lease or Texas law.
It's essential to review your lease to determine your rights regarding changes to the lease terms and required notice methods. Given the potentially significant impact of this new policy on your living situation, I'd advise reaching out to an attorney in Texas familiar with landlord-tenant law. They can help you navigate this situation and potentially negotiate with the management or take legal action if necessary. Proper documentation of all communications and the posted notice will be vital moving forward.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
