Many landlords have strong feelings about tenants keeping pets in their rentals. Some landlords are against having pets on the property because of the potential for damage or liability issues; some may be willing to negotiate their pet policies on a case-by-case basis. Other landlords may be pet lovers themselves or recognize how allowing pets can improve occupancies and tenant retention. Animal lovers often have trouble finding pet-friendly places to rent—and when they find a place that allows pets, they’re far more likely to stay there longer.
There are obvious pros and cons to allowing pets on your properties; if you do allow pets, it’s important to reduce the risks associated with them by including a clear pet agreement section in your lease. Here’s a look at what you should consider when creating a pet agreement. Please keep in mind that this is not intended as legal advice, but for information purposes only. Laws may vary depending on your location.
What Are Pet Agreements?
A pet agreement is a section in the lease that clearly outlines your policies for keeping pets at your properties. If a tenant has more than one pet, you may want to consider including several different agreements. Regardless of how you choose to handle it, it’s important to go over the pet agreement during the lease signing to make sure you and the tenant are on the same page. Just like the lease itself, a pet agreement is a legal contract.
Here are some examples of what you should include:
- The types of pets tenants are allowed to have
The pet agreement should state which types of pets are allowed at your property and how many are allowed. Many landlords choose to only allow cats and dogs, while others allow more exotic pets, like birds, reptiles, and invertebrates.
If you allow dogs, you may also want to consider if there are particular breeds that you’d like to ban. For example, many landlords choose to ban dogs that have an aggressive reputation, like pit bulls and rottweilers. Although there’s controversy surrounding those breeds, you’re well within your right to prohibit them at your rental property. If you don’t want to limit the types of breeds you’ll accept, it’s best to discuss the matter with your insurer, as some companies won’t issue a liability policy if there are “dangerous” breeds on the property.
As an alternative to banning specific breeds, you can include weight limits. For example, you can choose to only accept dogs that weigh 25 lbs. or less.
- Outside pets prohibited
Make sure to include that the pet agreement is only for tenants’ pets—caring for other people’s pets is prohibited. While you may be fine with your tenant keeping pets on the property, you don’t want them to start boarding other people’s pets while they live there. You should also include rules for guests who bring their pets over to your tenant’s home.
- Approved pets only
Make it clear that the pet agreement covers approved pets only and that tenants must get approval for any additional pets they’d like to keep. You may also want to include a list of pets that don’t require approval, like goldfish. Here are some questions you should ask before approving any pet:
- How long have they had the pet?
- If the tenant is planning to get a pet, where are they getting it from?
- Has the pet caused property damage, noise complaints, or any other problems in the past?
- Who will take care of the pet when the tenant is away from the home?
You’ll also want to include that your approval is based on the condition that the tenant continues to comply with the rules and regulations in the pet agreement—and that you have the right to ask the tenant to remove their pet or terminate the tenancy if there are repeated or serious violations.
- Name tags, licensing, and vaccinations
Consider requiring all dogs and cats to wear a collar with a name tag and proof of licensing and current vaccinations. Before drafting this section in the agreement, be sure to read up on which vaccinations and licensing are required in your area. You should also request documented proof of vaccines and licensing to keep in the tenant’s file.
- Make it clear that tenants are responsible for their pets
Tenants should agree to be responsible for their pets at all times so they don’t cause damage or disruptions. They should clean up after their pets—indoors, outdoors, and in any common areas. Tenants should also agree not to leave their pets outdoors or unsupervised for extended periods and to keep any crated or caged pets contained in appropriate areas in the home. To reduce your liability risk, you may also want to consider requiring your tenants to get renter’s liability insurance if it’s allowed by state and local laws.
- Pet fees
Even well-behaved pets can cause additional wear and tear. To offset this, you may want to require a pet fee in addition to the security deposit. However, there are some downsides to this:
- Pet fees may not be legal in your area; check your local laws before implementing them
- It may not be practical to set aside a separate deposit—especially if the pet is well-behaved, but the tenant causes damage. A non-specific deposit is generally the best option.
If you do decide to charge a pet fee, keep it at a reasonable rate, like $200 a year. Make sure not to charge a pet fee for service or companion animals—they aren’t considered pets, but rather animals that aid a person’s disability.
Make it Easy to Make Changes
Over the years, your views on pets may change or you might encounter situations that you don’t have a specific rule for. Make your pet policy easy to edit by including a clause that says you have the right to amend the rules as long as you provide reasonable notice. If you’re planning to change the rules significantly, consider adding a grandfather clause for existing tenants who already have pets. Their current pets would be exempt from the new rules, but they would be expected to comply with the new rules with any new pets they adopt.
Pets bring considerable joy to the lives of their people; allowing them at your properties is a great way to improve the lives of your tenants and encourage them to live at your rentals long term. However, it’s your right to determine what types of pets you’ll allow and your expectations for pet owners. If you choose to accept pets at your properties, just make sure your tenant understands the rules in the pet agreement and accepts the conditions.
Landlords Property Managers Contact TSCI