As a lawyer, I can confirm that landlords in Texas have the legal right to restrict tenants from having pets in their rental property. However, the landlord must include a proper pet policy within the lease agreement to ensure the limitation is enforceable.
The Texas Property Code does not prohibit landlords from imposing a no-pet policy, but they cannot apply such a policy to service animals. Service animals are animals that are trained to assist individuals with disabilities in performing daily tasks.
It is recommended for landlords to clearly define "pets" and "service animals" in their lease agreement to avoid confusion. Furthermore, landlords must provide reasonable accommodations for individuals with disabilities who require service animals, regardless of their no-pet policy. Refusing a tenant's service animal could result in violating the Fair Housing Act.
Suppose a landlord decides to impose a no-pet policy in their lease agreement, but a tenant still brings a pet onto the rental property. In that case, the landlord can take legal action to enforce their lease agreement. It is within the landlord's rights to terminate the lease agreement, file an eviction lawsuit or charge a penalty fee.
In conclusion, landlords in Texas can restrict pets in their rental property, as long as the no-pet policy is clearly stated in the lease agreement. However, landlords must make sure they comply with federal laws that may require reasonable accommodations for tenants with disabilities. If tenants violate the pet policy, landlords may take legal action to enforce their rights under the lease agreement.
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