What is a Pet Addendum?
A "pet addendum" is a rider to a residential lease agreement that specifically spells out the terms and conditions under which a pet can reside in the rental unit. While many landlords do not permit pets , public policy increasingly encourages landlords to allow responsible individuals to have pets in their home.
This addendum is an important part of a lease for pet owners and can even be beneficial to landlords. Signs at many apartments alert you to the fact that "we love pets." Most tenants assume that means Fido or Fluffy are welcome. This may not be true.
But if the landlord has attached a professionally drafted addendum to the residential lease, the tenant may have recourse if they have been denied the right to have a pet. If the lease does not address pets, then the tenant may not have any additional legal rights to have a pet in the rental unit.
Advantages of a Pet Addendum
Addressing the pet-specific components of the relationship between a pet parent and their landlord via a pet addendum can yield tremendous advantages for both parties. The pet addendum can increase a tenant’s satisfaction with a rental unit and can help a landlord navigate common questions and concerns.
Specifically, a pet addendum can be beneficial in the following ways:
Adds clarity about pet responsibilities
Having a pet addendum that outlines what a tenant is responsible for can bring more clarity to the role of a pet owner. Tenants will know to clean up after their pets while staying in the home and can avoid misunderstandings about costs related to a pet’s presence in the property.
Helps resolve disagreements more quickly
If a landlord and tenant have a pet addendum in place that outlines the responsibilities of each person, it’s easier to come to a resolution should something go wrong in connection with the tenancy. Often, these types of situations can be resolved without having to engage in litigation or other methods of dispute resolution.
Discourages pets that aren’t approved
A tenant who stays in a building that has a pet policy in place via a pet addendum may be dissuaded from obtaining an unapproved or unapproved pet. If they do, they’re aware of the consequences that will be imposed.
Allows for pet insurance
If a tenant wants to keep a pet in a rental unit, the pet will likely need to be insured under the lease agreement. A pet addendum that specifies this requirement ensures that the property, the owner, the tenant and the pet are all covered.
Loyal tenants
There are a number of benefits that come with having a pet addendum, as discussed above. But there are also peripheral benefits to having one as well. For example, if a tenant is required to pay a pet deposit and is prepared to safeguard their pet, their chances of being a loyal tenant to their landlord increase. When a tenant cares for their living situation and pays for their responsibilities, they are more likely to continue to stay in that property.
Essential Provisions of a Pet Addendum
A pet addendum should be used if a tenant is permitted to have a pet in their apartment. The pet policy section in a lease is not sufficient because not all of the important issues are addressed.
These are important topics to include in your pet addendum:
- The type of pets that are permitted. You may want to limit the types of pets to small domestic pets. For example, a cat, dog, rabbit, fish, turtle or hamster. Birds can be more work than you would expect, so you probably want to avoid permitting birds.
- Another consideration is whether you want to allow dogs of any size. You may want to avoid permitting dogs that are over a certain weight, over a certain height, or certain breeds of dogs.
- If an approved pet has puppies of kittens, you may want to address the issue of whether the puppies and kittens will be permitted to stay in your apartment or house.
- If your lease required a pet fee, be sure to include the amount of the fee in the pet addendum. It is common for an apartment to charge a one-time fee of $200 or $300 to cover the cost of cleaning the apartment when the tenant moves out.
- You should also charge a monthly pet rent for the additional wear and tear on your apartment.
- It is also common for an apartment landlord to require a signed landlord pet agreement. If a tenant has a pet and they sign the lease, they have agreed to abide by the landlord’s rules. Tenants should also acknowledge that they are responsible for the actions of the pets they own.
- Require tenants to clean up after their pets. This should include picking up any accidents they have in the apartment.
- In many cases, landlords will specify a quantity or size limit on pets. For example, you might prohibit a tenant from owning more than 2 pets. Or you might say a tenant is not permitted to own a cat weighing less than 15 pounds.
- We also recommend requiring tenants to license and vaccinate their pets. In some cases, this creates a problem because some breeds of dogs are banned in certain municipalities. For example, if a tenant owns a large breed dog in cities like Portland, Austin, San Francisco or Raleigh they may have a difficult time getting licenses until they remove their dog from the city.
Legal Obligations Surrounding a Pet Addendum
Current local, state and federal laws relating to pet policies are severalr, often contradictory, and constantly changing. To the extent that you are crafting a pet policy from scratch or as an addendum to a lease, it is imperative that you take into consideration the following current laws as they relate both to an owner/landlord and also to an individual who may be a pet or elderly person with disability.
Under the federal Fair Housing Act (FHA), a landlord or housing provider must make reasonable accommodations for individuals with a disability (such as a seeing-eye dog) when there is a disability-related need for the assistance of a service animal. This means that even if pets are prohibited in the lease, a tenant will be allowed to keep the service animal. The Americans with Disabilities Act (ADA) provides similar protections to individuals with disabilities. Although the ADA does not require service animals to be allowed at the same places as under the FHA, there are federal regulations that provide the right to bring service animals into a restaurant or other places that normally prohibit animals. However, the ADA strictly limits the definition of a service animal to "a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability…" Thus, under the ADA, only service dogs are protected – emotional support animals and comfort animals of any kind are not recognized.
Under state law, landlords cannot take certain actions against persons for having a service animal. For example, Connecticut law 46a-64 prohibits landlords from refusing to permit a person to keep a service animal in his or her dwelling unit because of the presence of the service animal in such dwelling unit. States can regulate numerous other issues pertaining to pets as well, such as; what happens when a pet damages a dwelling; can a landlord charge for pet damage; what happens when pet bites a neighbor or visitor; what happens when condominium pet rules are violated; and what can and cannot be included in a pet addendum, including but not limited to, limiting the type of pets, the number of pets, and establishing fees. Particularly relevant to an addendum, some cities limit pit bulls. While in an apartment, if a tenant with a pit bull causes damage to a unit, this could become an issue, ultimately forcing the landlord to evict the tenant, and could subsequently result in liability to the landlord.
Negotiating a Pet Addendum
A pet addendum should be included in a lease agreement to help prevent future misunderstandings by the tenant and landlord. After being drafted, tenants and landlords may want to negotiate the terms of a pet addendum.
Pet addendums are often heavily negotiated by both parties. Both a landlord and tenant can use the following suggestions for negotiating a pet addendum:
• Tenants should keep in mind that a pet lease addendum will often involve some costs to themselves, so they will want to negotiate the least amount of costs in a few categories.
• Tenants should look for their responsibilities in terms of herding, restraining, roaming and other mobility aspects of the pet. Additionally, pets should be kept on a leash in the common areas of the apartment community.
• Landlords should allow for reasonable pets on their premises, and should not attempt to negotiate lease terms that might be considered ADA violations to avoid legal liability.
• Tenants should look for any responsibilities they may have to the community , such as providing or paying for baggies and other common items for large pets.
• Landlords should be flexible and reasonable in their offers to avoid making their properties less attractive to tenants.
• Tenants should be willing to forfeit security deposits, should one be necessary, to cover damages for their pets.
• Landlords should consider including pet rules into the lease agreement instead of forcing a tenant to sign an entire lease addendum.
• Tenants should agree to pay any increased security deposits as a result of pet ownership.
• Tenants should spell out allowances for small vs. large pets.
• Tenants should plan on paying any increased rent to compensate for the potential liabilities inherent with allowing pets within the community.
• Tenants should agree to have their pets spayed or neutered, if required, before moving in.
Common Errors in Pet Addendums
The pet addendum is a standard part of most residential leases. Occasionally, modifications will roll in as uploads through a document management system. Although some people choose to overlook pet addendums, it’s important to stay above board. This helps increase your odds of winning in the court of law if a pet issue ever needs to be addressed. There are a few frequent mistakes you can easily avoid with a comprehensive addendum.
It does not include details about the pet. Be sure to include as many details about the pet as possible. Here, you would note the pet’s breed, weight, and age. The age requirement you ultimately select will depend on your individual unit. Typically, a pet must be at least one year old to live in your unit, although you may prefer an older animal. Small dogs are typically fine, but it’s usually best to avoid any dog over 20 pounds. We’ll talk more about that later in this post.
There are no guidelines regarding pet care and maintenance. What happens if the unit starts to smell like an animal? What about when Fido gets a hairball on the carpet? Will you be responsible for cleaning all evidence of pet care? Your addendum should address all these questions and more. It should note that once the pet moves in, the animal is the responsibility of the tenant. This means the pet should be cleaned, groomed, fed, and treated when it’s ill. Nothing can be left to chance.
There are no rules and regulations in the pet addendum. Here’s where things get tricky. You can simply add two lines to any pet addendum stating that your thinking is best. However, those two lines aren’t going to be very convincing or compelling in a legal proceeding. Instead, make it clear that you’re in control. Renters should be responsible for their animal’s waste. Then, they need to pay to have cleanups done immediately after their pet has made a mess. In the event of an emergency, pet owners have one hour to respond. If they’re out of town, they need to have a caretaker ready and waiting to help.
There are no limitations on breed or weight. Have your minimum or maximum requirements ready for your pet addendum. Even though some people like small dogs, others think they’re annoying. Avoid conflict with your new tenants by specifying that you allow small dogs but not large ones.
Example of a Pet Addendum
Below is a simple pet addendum template that can be customized and added to your lease agreement:
[Lessor] = landlord
[Property Address] = vacancy address
[Pet Rules] = list of pet rules as discussed above
[City, State] = city and state where the vacancy is
Addendum to Residential Lease Agreement
This Addendum shall be effective as of the [Lease Date] by and between [Lessor], (Lessor) and [Lessee], (Lessee) of the property located at [Property Address] in [City, State].
- (1) Permission – Landlord permits Tenant to have a pet, defined as any dog, cat, or domesticated animal, subject to the terms of this Addendum to the Lease between Landlord and Tenant dated [Lease Date].
- (2) Size Limitations – No pets over 30 pounds will be allowed without specific approval from the landlord. Banned breeds are pit bull, chow, rottweiler, wolf, doberman pincher, mastiff, akita, sheperd, bull terrier , and terrier.
- (3) Damage to Property – Tenant is required to pay for the cost of any damage caused by the pet to the Landlord’s property or surrounding property. Any damage will be taken out of the security deposit or otherwise pursued to the fullest extent of the law.
- (4) Pet Rules – Tenant is responsible for the pet complying with the Pet Rules as discussed above.
- (5) Right to Revoke Permission – If there are any complaints regarding the pet or if the cost of damage is not paid, this permission may be revoked, and the pet must be removed within seven days of written notice.
- (6) Indemnification and Hold Harmless – To the fullest extent permitted by law, Tenant must indemnify and hold harmless Landlord from any loss, damage, liability, or responsibility for any injury to person or property caused by any domestic animal owned or cared for by Tenant.
- (7) Security Deposit – Tenant shall pay an extra [$Amount]. This will not be a portion of the rent, just a separate deposit. This deposit is refunded as long as no damage has been done to the inside of the house, yard, fence, or garage.