Landlord's Rights for Evicting Pets in Indiana
- A landlord has the right to set limitations on whether a pet is allowed in a tenancy. It is their choice whether they want to deal with the destruction of property, safety of tenants and varied nuisances that comes with allowing pets into a tenancy. Provided that a "no pets clause" is included into a contract, a landlord can begin a civil proceeding to evict a pet-owning tenant for breach of a contract.
- A "no pets clause" is not a guarantee that an eviction is permissible based on breach of contract. The acceptance, by the landlord, of a knowing breach of this contract term by the tenant can negate the remedy of eviction and the landlord must allow the pet. However, Indiana law allows the landlord to provide written notice of a modification of a contract, if provided within 30 days. Therefore, with adequate notice, the landlord can reinstitute the pet prohibition and begin eviction procedures.
- Regardless of issues concerning a "no pets clause" or acceptance of a breach, the Indiana legislature provides further remedies for a landlord wishing to remove a pet from a tenancy. Indiana Code 32-30, which governs nuisance, provides for a remedy whenever something is injurious to health, offensive to the senses or is considered an obstruction to the free use of property. A court action to abate or enjoin the nuisance can be used to remove the pet from the premises if that pet lessens the enjoyment of the property by other tenants.
- For every rule there is an exception, for every right there is a permissible infringement on that right. The right to contract is no exception. The Americans with Disabilities Act coupled with the Indiana Fair Housing Act, requires a landlord to make "reasonable accommodations" to persons with disabilities. Service animals are considered a reasonable accommodation. Any attempt to evict a person or deny a disabled person a service animal can be viewed by the state and federal governments as discrimination and is not permissible.