In this guide
What Is a Pet Clause?
A pet clause is a provision in a lease agreement that outlines the rules and conditions regarding pets on the rental property. It typically specifies whether pets are allowed, what types and sizes are permitted, any additional fees or deposits, and the tenant's responsibilities for pet-related damage.
A well-drafted pet clause protects both parties: landlords can manage risks, and tenants know exactly what is expected. Without a pet clause, the default is usually that pets are not allowed unless state or local law says otherwise, so it's essential to include one if pets are permitted.
If you're a tenant, always read the pet clause carefully. If you're a landlord, make sure the clause is clear and enforceable. State laws vary, so it's wise to consult local regulations or an attorney when drafting pet provisions.
- Pet clause specifies if pets are allowed, number, breed, and size restrictions.
- It may require tenant to provide proof of vaccinations and current photos of pets.
- Landlords may reserve the right to revoke pet permission if the pet becomes a nuisance.
- Clause should state that unauthorized pets are a lease violation and may lead to eviction.
Pet Deposit vs. Pet Fee: Understanding the Difference
A pet deposit is a refundable sum of money held by the landlord to cover any damages caused by the pet. It is separate from the general security deposit and is returned at the end of the lease if no pet-related damage occurs. A pet fee, on the other hand, is a non-refundable charge that the tenant pays upfront for the privilege of having a pet.
Many landlords charge both a pet deposit and a pet fee. For example, a landlord might require a $300 non-refundable pet fee to cover cleaning and a $500 refundable pet deposit for potential damage. State laws may limit the amount of pet deposits, and some states treat pet deposits as part of the security deposit for cap purposes.
Tenants should ask for written clarification of which amounts are refundable and which are not. Landlords should ensure they comply with state-specific rules on deposit limits and return timelines to avoid penalties.
- Pet deposit: refundable, held for damages, returned if no damage.
- Pet fee: non-refundable, covers costs like cleaning or administrative overhead.
- Some states cap the total security deposit, including pet deposits.
- Landlords must provide an itemized list of deductions from any deposit within a specified time (state rules vary).
What Can Pet Deposits Be Used For?
Pet deposits are intended to cover damages beyond normal wear and tear caused by pets, such as scratched doors, stained carpets, chewed baseboards, or flea infestations. Landlords can deduct the cost of repairs or cleaning from the pet deposit, but they cannot use it for unrelated issues.
It's important to document the condition of the property before move-in, ideally with photos and a written checklist, so both parties agree on the baseline. At move-out, landlords should conduct a thorough inspection and provide a detailed accounting of any deductions.
Landlords should be aware that some states have specific rules about what can be deducted from security deposits, and pet deposits may be governed by the same rules. Tenants should keep records of their own to dispute unfair deductions.
- Common deductions: carpet cleaning, de-fleaing, repair of pet scratches.
- Normal wear and tear (e.g., minor carpet matting) cannot be charged to pet deposit.
- Landlords must return unused deposit within a state-mandated period (often 14-30 days).
- Tenants can request a pre-move-out inspection to address potential issues.
Pet Rent: Recurring Charges for Pets
In addition to deposits and fees, many landlords charge monthly pet rent. This is a recurring payment, typically $25 to $50 per pet, to compensate for the extra wear and tear and the additional services (like increased trash or water usage) that pets may cause. Pet rent is not refundable.
Pet rent is legal in most states, but landlords must specify the amount in the lease. Some states have restrictions on how much pet rent can be charged, and it cannot be used to circumvent security deposit limits. Landlords should be aware that pet rent is considered 'rent' and may be subject to rent control laws if applicable.
For tenants, pet rent can add up, so factor it into your budget. If you have a service animal or emotional support animal, pet rent and fees are generally not allowed under fair housing laws, as these animals are not considered pets.
- Pet rent is a monthly, non-refundable charge for having a pet.
- Typical range: $25-$50 per pet, but can be higher in luxury rentals.
- Landlords must disclose pet rent clearly in the lease.
- Service and emotional support animals are exempt from pet rent and fees.
Service Animals vs. Pets: Legal Distinctions
Service animals (e.g., guide dogs for the blind) are not pets under the Americans with Disabilities Act (ADA). They are allowed in all housing, including no-pet properties, and landlords cannot charge pet deposits, fees, or pet rent for them. The same applies to emotional support animals (ESAs) under the Fair Housing Act, though ESAs do not have the same public access rights.
Landlords may request documentation for an ESA (e.g., a letter from a licensed mental health professional) but cannot require a pet deposit. However, tenants are still responsible for any damage caused by the animal, and landlords can deduct from the general security deposit.
Tenants with service or support animals should inform the landlord in writing and provide reasonable documentation. Landlords should be careful not to discriminate and should engage in the interactive process to determine reasonable accommodations.
- Service animals are trained to perform tasks for a person with a disability.
- ESAs provide emotional support and are prescribed by a mental health professional.
- No pet fees or deposits allowed for service animals or ESAs.
- Landlords can verify the disability-related need but not ask for detailed medical records.
Tips for Landlords and Tenants on Pet Agreements
For landlords, it's wise to create a separate pet addendum to the lease, which outlines all pet-related terms in detail. Include a 'pet profile' sheet where tenants provide the pet's name, breed, age, weight, and vaccination records. Also, consider limiting the number of pets and imposing reasonable weight limits to reduce risk.
For tenants, always get pet permission in writing, even if the landlord verbally agrees. Take photos of any existing pet damage at move-in and communicate in writing about any issues. Understand your rights under fair housing laws if you have a service or support animal.
Both parties should conduct a joint move-in and move-out inspection to document the property's condition. This helps avoid disputes over deposits. Also, be aware of local laws that may protect renters with pets, such as 'pit bull bans' that may be considered discriminatory in some jurisdictions.
- Landlords: require a pet addendum and pet profile for every tenant with a pet.
- Tenants: request a written pet agreement and keep a copy for your records.
- Both: document the property condition with photos and written notes.
- Landlords: enforce rules consistently to avoid discrimination claims.
- Tenants: know your local tenant rights and fair housing protections.