Comprehensive Landlord’s Guide to Pet Policies for Rentals

Upwards of 70% of today’s renters own a pet, yet finding accommodating housing can prove challenging. For landlords, accepting pets comes with some inherent risk, yet not accepting them severely limits the pool of prospects. That said, allowing pets requires landlords to establish clear policies and determine whether appropriate fees or deposits are permitted and make sense for the property. Join us below to examine what makes up good pet policies for rentals and what you can do to protect your business.

Key Takeaways

• Landlords can generally decide whether to allow pets and establish reasonable pet policies, subject to applicable state and local laws.
• A clear pet policy should address permitted animals, applicable fees, pet-related responsibilities, insurance considerations, and other property-specific requirements.
• Assistance animals are not pets under the Fair Housing Act, so ordinary pet fees and certain pet restrictions may not apply when a reasonable accommodation is required.
• Landlords should evaluate assistance-animal accommodation requests individually and follow applicable Fair Housing requirements.

What is a Pet Policy?

Landlords can generally decide whether to allow pets and establish reasonable pet policies, subject to applicable laws. However, assistance animals are not considered pets under the Fair Housing Act, and housing providers may need to make reasonable accommodations to pet restrictions for individuals with disabilities.

A pet policy describes any special requirements, fees, or restrictions. For example, some landlords may restrict the number of pets, size, or breed. A pet policy and a pet addendum are typically included with the lease and signed by the tenant, acknowledging responsibility for their animals and any damage incurred.

Service Animals vs. Pets: What is the Difference?

Under the Fair Housing Act, housing providers may need to make reasonable accommodations to pet policies for tenants with disabilities who need an assistance animal, even if the property otherwise has a no-pet policy. That said, many rental owners are still confused as to the key differences between a pet and a service animal. So let’s clarify some of these definitions below based on information from the Americans with Disabilities Act website.

Pets are Family Too

We all love our pets, but a companion animal is not the same as a trained service animal. A pet has no specific ADA training and instead primarily provides companionship to the residents in a household.

What is a Service Animal?

A service animal is trained to perform specific work or tasks for an individual with a disability. However, Fair Housing protections extend more broadly to assistance animals, which may include service animals as well as animals that provide disability-related emotional support.

Are Emotional Support Animals the Same as Service Animals?

No. Emotional support animals provide disability-related emotional support that alleviates one or more identified effects of a person’s disability. Unlike service animals, they do not have to be individually trained to perform a specific task. That said, this can include animals that help relieve loneliness, reduce stress and anxiety, or assist with phobias. Also, emotional support animals are not limited to only dogs or cats.

Understanding Landlord Obligations for Service Animals

If a landlord does not allow pets, a tenant with a service animal or ESA can request a reasonable accommodation that allows them the equal opportunity to use and enjoy a space. So, for landlords, the Fair Housing Act requires reasonable accommodation for assistance animals that meet all the following conditions:

• A tenant may request a reasonable accommodation to an animal policy when an assistance animal is needed because of a disability.
• The request does not necessarily have to be made in writing.
• If the disability and disability-related need for the animal are not apparent or already known, the housing provider may request reliable disability-related information supporting the accommodation.

If a reasonable accommodation request is supported and otherwise qualifies under the Fair Housing Act, a housing provider may still be able to deny the request in certain limited circumstances. Depending on the situation, these may include:

• Accepting the request would create an undue financial or administrative burden on the landlord
• The specific assistance animal would create a direct threat to the health or safety of others. Additionally, this is true despite any reasonable accommodations that would reduce or eliminate this threat.
• The accommodation would fundamentally alter the nature of the housing provider’s operations.
• Accepting the request could result in significant physical property damage despite reasonable accommodations that could reduce or eliminate that threat.

Pro Tip: Establish a consistent process for handling pet policies and assistance-animal accommodation requests. Housing providers should evaluate reasonable accommodation requests individually and in accordance with applicable Fair Housing requirements.

How to Develop a Comprehensive Pet Policy for Rentals

Deciding to accept pets in a rental property requires owners to set up certain policies and procedures to help protect their investment. A legally binding pet agreement can reduce a landlord’s liability and risk, but only if it includes certain key elements. Continue reading as we examine how to create comprehensive pet policies for rentals below.

Check Your Insurance Policy and Local Laws

Before deciding to allow pets in your rental property, owners should reach out to their insurance provider. Some homeowners’ policies restrict types of dogs, as keeping them on the premises creates added liability. In some cases, the insurer may want to verify the property has a proper fence; it all depends on the company and the policy. So, it is best to read through your coverage and talk to a qualified insurance professional to ensure you are protected.

In addition to your insurance, research local pet laws and applicable ordinances. Understanding potential liabilities early on will help you communicate needs and restrictions to your tenants. Additionally, failing to adhere to these laws could result in fines against the pet owner or the property owner. A few examples of possible local laws include –

1. All dogs or cats must be on a leash when off the property.
2. Cats and dogs must have proof of rabies vaccination if over the age of 4 months.
3. All animals must have shelter from the wind, snow, rain, cold, and sun, as well as adequate daily food and clean water in well-maintained, untippable bowls.
4. Allowing dogs to bark excessively is a violation of the law
5. Owners must promptly remove pet waste on public and private property.

Pro Tip: If your property is part of an HOA, do not forget to check their rules as well so your tenant can remain compliant and avoid fines. Also, keep in mind that some jurisdictions will limit the amount or circumstances of a pet deposit or pet fees that landlords charge.

Decide Which Types of Pets to Allow

One of the most important decisions a landlord must make is determining which pets to accept and if there will be any limitations. Always remember, owners, do not need to accept pets they are uncomfortable with. So, let’s review some of the questions to ask yourself when creating pet policies for rentals below –

• Do I want to accept both domestic and exotic pets? – Most landlords are familiar with dogs and cats. However, today’s renter may come with a variety of pets, including birds, reptiles, fish, small mammals, or even a pot-bellied pig. So, consider the habitat of the pet and any potential damage it may cause. It is not uncommon for landlords to limit pets to only domestic animals and prohibit exotic creatures. Whatever you decide, clearly state any exceptions in your pet policy.
• Will all breeds be accepted? – Some property owners opt to restrict certain breeds labeled “dangerous” from the property. One of the biggest issues, besides personal preference, is insurance. So, verify with your homeowner’s insurance if “dangerous” breeds may affect your liability coverage.
• Should I restrict the number of pets or pets based on weight? – Instead of banning certain breeds, some owners choose to impose a weight limit. For example, “accepting pets under 30 pounds only.” Additionally, most landlords limit the number of pets depending on the size of the home and the size of the pet. For example, having 3 cats is very different than 2 Great Danes.

Keep in mind that pet restrictions regarding breed, size, weight, or number may not automatically apply to assistance animals. Assistance animal requests should be evaluated individually under applicable Fair Housing requirements.

In addition to these questions, it is important to address other pets coming onto the premises. For example, perhaps the tenant decides to dog-sit, or friends bring their dogs over for an outing. As the property owner, it is important to specify if guests are permitted to bring other pets to the property.

Create a Lease Pet Addendum

Residential lease agreements cement landlord and tenant expectations, requirements, responsibilities, and consequences for any violations. Therefore, if a landlord decides to allow pets, a special pet addendum will outline specific rules and necessary fees related to keeping an animal on the premises. Some of the items to include on a pet addendum include, but are not limited to –

• Pet Information – Including each pet’s name, weight, breed, and physical description. Additionally, ask the tenant to submit a clear and current photo of their pet to keep for your records.
• Vaccination and License Records – Most local jurisdictions have vaccine requirements for pets over the age of 4 months. So, verify the tenant’s pet is current on any applicable vaccinations and has the proper veterinary paperwork. The tenant should forward a copy of these records either before or when they sign the lease and the pet addendum.
• Special Rules, Provisions, or Fees – List any special requirements and fees the landlord and tenant agree to. This could include never leaving the pet unsupervised outside of the residence, immediately picking up and removing waste, or keeping noise to a minimum.
• Signatures – Both the landlord and tenant must sign and date the pet addendum to acknowledge their individual responsibilities.

Pro Tip: It is also a good idea to require tenants with pets, and all tenants, to carry renter’s insurance. This adds another layer of liability protection against excessive damage or if the pet injured someone on the premises.

Should Landlords Charge Extra Pet Deposits or Fees?

A major concern landlords have when it comes to accepting pets is potential property damage. So, to help offset those fears, some landlords impose additional security deposits or monthly pet fees. That said, there are a few things to consider when creating pet policies for rentals –

Things to Consider for Pet Deposits

• Follow Applicable Deposit and Fee Laws – Before charging a pet deposit or fee, check applicable state and local requirements. Maryland limits the amount landlords may collect as a security deposit, and landlords should determine how any refundable pet deposit is treated under those requirements.
• Keep it Legal – Some states impose limits on how much security deposits landlords can charge, including the regular deposit and pet deposit. For example, if the law says landlords can charge no more than two months’ rent, the regular security deposit and pet deposit cannot exceed that amount. Because an assistance animal is not a pet, landlords should not charge pet deposits, pet fees, or pet rent for an approved assistance animal.

What is Pet Rent?

Pet deposits are a one-time, refundable fee, whereas pet rent is supplemental rent. Typically, this fee helps cover the additional wear and tear a pet can cause to the unit. However, like the deposit, this fee should match the type and number of pets. For instance, some owners may choose to charge pet rent based on “$20 per month per pet,” while some may say a flat “$25 per month pet rent.” Again, it is up to the owner as long as the amount does not violate any local laws. However, keep it reasonable, or you risk driving away potential prospects.

Frequently Asked Questions

Can landlords have a no-pet policy?

Generally, landlords can establish a no-pet policy, subject to applicable laws. However, housing providers may need to make an exception as a reasonable accommodation for a person with a disability who needs an assistance animal. Assistance animals are not considered pets under the Fair Housing Act.

Can landlords restrict the breed, size, or number of pets?

Landlords may establish certain restrictions for ordinary pets, subject to applicable laws and insurance requirements. However, ordinary pet breed, size, or weight restrictions generally cannot simply be applied to an assistance animal. Assistance-animal requests should be evaluated individually under Fair Housing requirements.

Can landlords charge pet rent or a pet deposit?

Depending on applicable state and local law, landlords may be able to charge pet rent, pet fees, or deposits for ordinary pets. Landlords should check local requirements before setting these charges, particularly because some jurisdictions limit security deposits or other fees.

Can landlords charge pet fees for an assistance animal?

No pet fee, pet deposit, or pet rent should be charged simply because a tenant has an assistance animal approved as a reasonable accommodation. Assistance animals are not pets for purposes of these policies.

Does an assistance-animal request have to be in writing?

Not necessarily. Housing providers should not automatically reject an accommodation request simply because it wasn’t submitted in writing. When the disability or disability-related need for the animal isn’t apparent or already known, the housing provider may request reliable information supporting the disability-related need for the accommodation.

How to Further Protect Your Rental Investment

Accepting pets is a great way to expand the prospective renter pool when marketing a property. That said, creating pet policies for rentals is an essential part of a landlord’s job. However, this is just one facet of establishing clear and concise boundaries with your tenants, with the ultimate goal of protecting your valuable investment.

One way to protect and maximize your investment potential is to seek the advice of a qualified property manager. The team at Bay Property Management Group understands the local rental market and can help property owners establish and administer consistent pet policies. Let our team guide you through how much and when to charge added fees while handling all daily operations, so you do not have to. So give us a call today to find out how full-service property management can make rental ownership the profitable and enjoyable experience it should be.