Pet Policies Explained: Can Tenants Have Pets in Rentals?

Should landlords allow pet owners in their rental properties? The answer depends on the landlord’s pet policy. Let's talk about common regulations, potential restrictions, and what to expect if you want to keep a pet in a rental.

Key Takeaways

• Pet policies in rental agreements are legally binding and must be acknowledged by all tenants, outlining rules and potential liabilities for pet ownership.

• Know fair housing laws, service animal laws, local ordinances, and what other laws apply to landlords regarding pets.

• Landlords benefit from allowing pets through increased tenant pools, higher rental income from pet-related fees, and longer lease terms.

• Regular inspections and clear enforcement of animal policies are crucial for protecting rental properties and maintaining a harmonious living environment.

Understanding Pet Policies in Rental Properties

A pet policy is a legally-binding document covering pet-related topics not included in the original lease. All tenants, even those without pets, must sign the pet agreement to acknowledge the rules.

A well-defined pet policy in the lease details whether pets are allowed and under what conditions. The following will cover the basics of animal policies and common restrictions landlords may impose.

The Basics of Pet Policies

Ownership of pets has been rising, with around 68 percent of U.S. households owning pets, which increases the demand for pet-friendly rentals. Despite this, only 27 percent of rental properties in the U.S. advertise as "Pets OK." An animal policy clause in the lease provides grounds for eviction if a tenant violates the rules.

A well-crafted policy includes rules, expectations, and related costs, typically detailed in a Pet Addendum. Tenants need landlord approval before keeping a pet and must comply with the pet agreement, which often includes identification collars or tags and proof of vaccinations for dogs and cats.

Landlords can modify their policy with reasonable notice to tenants, ensuring they are informed and can adjust to new rules or regulations when opting to have pets allowed.

Common Restrictions and Requirements

Landlords can set specific rules regarding the types of pets allowed, including restrictions on breed, size, and number of pets. For example, commonly banned dog breeds include Pit Bulls and Rottweilers due to liability concerns. Additionally, weight limits might be imposed, such as allowing only dogs under 20 pounds in rental properties.

When limiting the number of pets, landlords should consider the property size and local laws, and specify the limits in a pet agreement. While these restrictions can reduce the pool of potential tenants, they help ensure the safety and comfort of all residents.

Meeting the tenant’s pet before finalizing rental agreements helps landlords assess the pet’s behavior and compatibility with the property, creating a positive experience and improving landlord reputation. A potential tenant may claim they have a Chihuahua but you, instead, meet a Great Dane.

Benefits of Allowing Pets in Rentals

Allowing pets in rental properties can enhance tenant satisfaction and retention. Pet-friendly rentals often experience longer lease times, reduced vacancy rates, and increased income for your rental unit.

Increased Tenant Pool

Allowing pets creates a wider pool of prospective tenants. With approximately 72 percent of renters owning pets, pet-friendly rentals can receive twice the applications compared to non-pet-friendly ones, helping landlords fill vacancies more quickly and reduce empty rental unit time.

Excluding tenants with pets can reduce the pool of tenants, leading to lower rental prices or prolonged vacancies. Embracing these factors makes a rental property more attractive to a larger market segment.

Income and Length

Landlords can charge various types of payments for pets, including pet rent, pet deposits, and non-refundable pet fees. These additional charges allow landlords to charge pet rent and provide extra security and funds to cover potential cleaning or damage costs caused by pets.

Allowing pets often results in greater revenue, with landlords potentially making up to an extra $9,000 a year. Pet rent alone can add an additional $120 to $600 to the annual rental income. Your local market will help determine this type of extra income, but your place could be at a premium in any market.

Tenants with pets are more likely to renew leases, as settling with a pet can make a rental feel like a permanent home. Similarly, pet-owning tenants often become long-term renters because pet-friendly rentals are harder to find.

This increased tenant retention and desirability translate to reduced turnover rates for landlords. Allowing pets increases the desirability of rentals, leading to shorter vacancy times.

Risks and Challenges of Allowing Pets

Despite many benefits, allowing pets also presents unique challenges such as property damage, noise disturbances, and potential pet-related injuries. Each pet may present different problems so serious landlords will understand the balancing of pros and cons that are associated with having pets allowed.

Property Damage and Noise Complaints

Untrained pets can cause significant property damage, including scratches, chewed furniture, and unpleasant odors. Landlords can mitigate these risks by adding a lease clause specifying consequences for pet damage. Make sure to use durable flooring, meet the animal before hand, and get references from previous landlords.

Requiring a pet deposit provides additional security and funds to cover potential pet-related damage, ensuring landlords are compensated for wear and tear. Many landlords think all pets will faciliate a pet deposit but a service dog for example will not based on certain laws. We will go into what is consdered pets and what is a service animal or emotional support animal (ESA) later.

Noise complaints, particularly from barking dogs, are common issues reported by landlords, potentially disrupting the peace for other tenants. Landlords can manage pet-related noise issues by issuing verbal warnings and fines, addressing the problem while maintaining a harmonious living environment for all tenants.

Liability Issues

Requiring tenants to obtain renters insurance can provide liability coverage for pet-related injuries or damages, protecting landlords from potential liability concerns. Renters insurance should be validated every year and not allowed to lapse.

A pet agreement outlines the responsibilities of pet owners, helping ensure compliance with policies and mitigate associated risks. If you don't put it in the agreement, it will be hard to prove that something was violated.

Screening Tenants with Pets

Conducting a pet screening helps landlords assess a pet’s behavior, health, and compatibility with the rental property. A thorough process ensures responsible tenants who comply with policies and minimize potential issues. Potential tenants can just grab any picture on Google if you don't verify it is the pet coming into the rental property.

Let's cover the necessary documentation and tips for interviewing possible tenants to allow pets and not regret it.

Documentation and Finding Tenants

Requiring a "pet reference" from previous landlords or a vet as part of the tenant application process can provide valuable insights into the pet’s behavior and health. Landlords may also request a veterinary reference to confirm the pet’s health and behavior.

Rental applications should include questions about pet ownership, such as the pet’s breed, size, age, and vaccination status. Required documentation ensures responsible ownership and protects the rental property if you choose not to allow pets.

When interviewing potential tenants, landlords should inquire about the pet’s history, behavior, and training to assess if the pet will be a good fit for the rental property. Good pet owners demonstrate caring and responsible behaviors, such as providing regular veterinary care and ensuring the pet is well-trained. Identifying responsible pet owners helps landlords minimize potential risks and ensure a positive rental experience for all tenants.

Service Animals and Emotional Support Animals

Service animals and emotional support animals (ESAs) are distinct from pets and have specific legal protections. Landlords must understand the differences and legal obligations related to these animals.

The roles of a service animal and ESAs are vastly different, as well as the legal obligations landlords must adhere to. You may not allow pets, but this section is for all parties involved to understand.

Understanding Service Animals

Only dogs, with some exceptions for miniature horses, are classified as a service animal under the Americans with Disabilities Act (ADA). A dog must be specifically trained to perform tasks related to a person’s disability, such as guiding individuals with visual impairments, alerting individuals with hearing impairments, and providing assistance during medical emergencies. It takes a lot of diligent training for a dog to become a service dog.

Service animals can accompany their handlers in areas where pets are not permitted, ensuring assistance is always available. Handlers with a service animal have the right to travel freely and access public accommodations, transportation, and services. Businesses and governments must avoid discrimination against individuals with disabilities who utilize a service animal.

State and local governments can impose licensing and vaccination requirements on service dogs. However, service animals displaying uncontrolled barking, jumping, or running away can be asked to leave the premise. Landlords must understand these regulations to ensure compliance and avoid legal issues. You do not have to allow pets, but you must allow a service animal or service dog.

Emotional Support Animals

Emotional support animals (ESAs) can be any type of pet and provide companionship rather than perform tasks. Unlike service animals, ESAs do not require specific training but are protected under the Fair Housing Act (FHA), which requires landlords to make reasonable accommodations for tenants with companion animals.

Landlords can require ESAs to be up-to-date on vaccines and receive regular veterinary care. They should also take action if they observe signs of neglect or abuse, as ESAs are not exempt from animal cruelty laws. Balancing the rights of tenants with ESAs and the safety and well-being of other tenants and the property is crucial.

While landlords cannot charge additional pet deposits or fees for ESAs, they can refuse an ESA if it poses a direct threat to the health or safety of others, provided they can prove the specific animal is a threat.

Legal Obligations for Landlords

Landlords must comply with the Fair Housing Act and local codes regarding service and ESAs. The FHA requires landlords to accept guide dogs, seeing eye dogs, or service animals without charging a deposit, ensuring equal treatment for renters with disabilities and preventing discrimination.

Landlords cannot charge additional deposits or fees for service animals, ensuring fair treatment for renters with disabilities. Tenants with service animals or ESAs must provide proper documentation, which is typically a letter from a qualified medical or psychiatric professional stating the need for the ESA.

Landlords must familiarize themselves with federal, state, and local laws regarding service animals and ESAs to ensure compliance and avoid legal issues.

Creating a Pet Policy for Your Rental Property

A clear and comprehensive lease agreement and pet addendum is essential for managing your rental unit. It helps ensure tenant compliance, protects the property, and provides a framework for addressing pet-related issues.

This section will cover key elements to include in a pet policy and tips for customizing it to suit your rental property if you allow pets.

Key Elements to Include

A non-refundable $250 pet deposit and a monthly pet rent of $25 per pet are suggested for tenants with pets. These fees help cover potential damage and cleaning costs, including a pet fee. You may even have a specific deposit for dogs, cats, or even a miniature horse (you never know). Landlords should specify permitted pets in the rental agreement, including any breed, size, or number restrictions.

Documenting inspections at move-in and move-out stages helps assess any pet-related damages, ensuring the property is returned in good condition and providing a basis for withholding the pet deposit if necessary. A pet agreement should also specify that only tenants’ pets are allowed on the property.

Clarifying whether guests may bring their pets to the rental property can prevent issues with unauthorized animals. Requiring a professional cleaning service when a tenant vacates can help restore the property to its original condition and ensure a smooth transition for the next tenant.

Landlords should include provisions for adjusting policies with reasonable notice to tenants, allowing flexibility and ensuring tenants are aware of any changes and can prepare accordingly. A grandfather clause can protect existing tenants from new policy changes affecting their current pets, increasing tenant satisfaction and retention when policies change.

Enforcing Pet Policies

Enforcing animal policies is crucial to maintaining a harmonious living environment and adherence to lease terms. Let's cover the importance of regular inspections and strategies for handling violations of policies.

Conducting regular property inspections is crucial for monitoring compliance with pet-related lease terms. Quarterly inspections can help identify issues early and maintain property condition. This proactive approach ensures that any potential problems are addressed before they escalate.

Issuing formal warnings or notices is an essential step in handling violations of policies. For pet complaints, the first instance is just a warning, the second is a violation, and the third is considered a breach of contract. This tiered approach helps ensure that tenants understand the importance of complying with policies.

Landlords should provide tenants with written warnings detailing the violation before imposing fines. Imposing fines for unauthorized pets can serve as a deterrent to future violations by tenants.

If tenants refuse to comply with policies, landlords may need to consider legal actions, including eviction.

Pet-Proofing Your Rental Property

Pet-proofing your rental property can help minimize damage and create a safer environment for pets and tenants. This section will cover recommended materials and safety measures to protect your property from pet-related wear and tear.

Materials and Safety

Materials such as linoleum, tile, and vinyl are considered ideal for pet-proof flooring due to their durability and ease of cleaning. Laminate and porcelain tiles are strong alternatives that can endure pet damage. Using semi-gloss paint will help keep rental spaces clean and more resistant to staining.

Using durable materials in rental properties is essential to minimize wear and tear caused by pets. Fees and deposits related to pets should reflect the potential for additional wear and tear caused by animals in the rental property.

Installing secure fencing around outdoor areas can prevent pets from escaping, enhancing safety. Secure fencing is essential to ensure the safety of pets and prevent them from wandering off.

Setting up pet gates can help restrict pets to certain areas, reducing the risk of accidents and enhancing safety within the property. Implementing these safety measures is crucial to protect pets and enhance their well-being in rental properties.

Summary

Allowing pets in rental properties can offer significant benefits, including attracting a larger pool of responsible tenants, increasing rental income, and enjoying longer tenancies. However, it is essential to address the potential risks, such as property damage and noise complaints, by implementing clear and comprehensive policies.

By understanding the nuances of service animals and ESAs, screening tenants with pets, and pet-proofing your rental property, you can create a harmonious and profitable rental experience. Embrace the opportunity to offer pet-friendly rentals, and you’ll find that both you and your tenants can enjoy a more positive and rewarding living environment.

Frequently Asked Questions

What percentage of American households own at least one pet?

Approximately 68 percent of American households own at least one pet. This highlights the significant role pets play in American homes.

Why should landlords allow pets in rental properties?

Landlords should consider accepting pets as it expands their pool of prospective tenants and can help maintain higher rental prices, reducing the risk of vacancies. Embracing pet-friendly policies can enhance property appeal and ensure consistent demand.

Can landlords charge a pet deposit or additional pet rent for emotional support animals or service animal?

Landlords cannot charge a pet deposit or additional pet rent for ESAs, as these animals are considered necessary for the well-being of their handlers. It’s important to know your rights regarding ESAs. A landlord can never charge for a service animal according to the Fair Housing Act.

What is the suggested pet deposit and monthly pet rent according to the text?

A non-refundable pet deposit of $250 and a monthly pet rent of $25 per pet is recommended. This approach is commonly accepted in rental agreements.

What should landlords do if they find unauthorized pets?

Landlords should promptly inform the tenant about the unauthorized pet and require them to sign a pet insurance rider, pay any applicable deposit, and cover any extra pet fees. Additionally, they may need to issue a lease violation notice and fine if permitted by state laws. Remember to consult your local laws about any service animal a tenant may have due to a physical or mental disability.