Renting with dogs
Can a landlord ban your dog's breed?
Yes. A breed restriction in a tenancy agreement is generally enforceable in both the US and UK. Many landlords, particularly those with specific insurance policies, ban breeds most commonly excluded by insurers. In England, the Dangerous Dogs Act 1991 prohibits ownership of four specific breeds entirely. Beyond those, a landlord can restrict any breed they choose.
Why landlords restrict breeds
Breed restrictions in tenancy agreements typically follow the exclusion lists set by landlord building and contents insurers. Many insurers will not cover properties where the following breeds are present: American Pit Bull Terriers and pit bull types, Rottweilers, Dobermanns, German Shepherds in some cases, and other breeds perceived as high-risk. A landlord whose insurance excludes these breeds will usually prohibit them as a condition of the tenancy to protect their coverage. This is an insurance-driven decision, not necessarily a judgment about the individual dog.
The UK banned breeds
The Dangerous Dogs Act 1991 in England, Wales and Scotland makes it illegal to own, sell, or breed four types of dog: the Pit Bull Terrier, Japanese Tosa, Dogo Argentino, and Fila Brasileiro. A landlord clause prohibiting these breeds is not just enforceable; the ownership itself is a criminal offence. Ownership of a prohibited type requires a court exemption order, which is rare. No tenancy agreement, however pet-friendly, can override this.
The US position
In the US, breed restrictions in leases are common and enforceable in most states. A handful of states, including Michigan, Colorado and Illinois, have laws prohibiting breed-specific legislation at the state or local level, which may limit landlord breed bans in those jurisdictions. In most other states, landlords can restrict any breed they choose. Common restricted breeds in US rental properties mirror the insurance exclusion list: pit bull types, Rottweilers, Dobermanns, German Shepherds, and Akitas.
What to do if your breed is restricted
Declare the breed before you apply for the tenancy, not after. Finding out at the viewing that your breed is restricted is better than finding out after you have signed. Some landlords will consider an exception for a dog that has a clean history with a reference from a previous landlord; many will not. Breed-specific insurance can sometimes help by providing the landlord with third-party liability coverage, removing their main concern. Ask whether this would make an exception possible.