Here are some of the commonly asked questions for renters with pets. While we cannot provide legal advice, this should give you a good idea of what can happen - and how to prevent misunderstandings - with pet-friendly landlords.

Question: Can my landlord charge additional rent for each pet that I have?

Answer: The general answer from the San Francisco Rent Board has been no. However, recently at a hearing of the Rent Arbitration Appeals Board, the Board voted 3-2 that additional rent could be charged, as an additional service, for the waiver of a "no pets allowed" lease provision. While the Board was quick to point out their ruling was based on these facts, several tenants have called saying that their landlord was implementing this charge.

Question: I had an oral agreement with my old landlord, and my new landlord wants me to get rid of the pet. There is a "no pets allowed" provision in the current lease. Do I have any rights?

Answer: While we cannot provide legal advice, the old landlord may have effectively waived the no pets provision if enough time has passed. However, if the unit is sold and you are asking to sign a new lease with a new landlord, you are probably out of luck.

Question: My neighbors have a dog that barks. Are there any laws that prohibit a dog from barking?

Answer: While it is not uncommon or unexpected for a dog to bark, there are duties of dog owners in San Francisco. Section 41 of the San Francisco Health Code defines a "Barking Dog" as a dog that barks, bays, cries, howls or makes any other noise continuously and incessantly for a period of 10 minutes to the disturbance of any other person.

That is why it is so important to have the terms and conditions of keeping a pet in writing.

Question: I heard that the condo owners cannot prohibit you from having a pet in California. Is that true?

Answer: A new law went into effect on January 1, 2001, which prohibits certain common interest developments as well as mobile home parks from enacting complete bans on owners having pets. However, there are many technicalities to the law. You should read the law and consult with an attorney to see if your situation is covered by this law. The law is available by clicking HERE.

For information on specific San Francisco landlords, contact the San Francisco Residential Rent Stabilization and Arbitration Board at 415-252-4600, or The San Francisco Tenants Union at 415-282-6622.

E-mail your comments and questions to us at publicrelations@sfspca.org

The Open Door Program
The San Francisco SPCA
2500 Sixteenth Street
San Francisco, CA 94103
(415) 554-3000