A pet addendum to a lease is a document expanding upon an existing lease agreement to allow the tenant to keep a pet.
Landlords use pet addendums when the tenant wishes to bring a pet into their home. In most cases, landlords write an addendum when the original lease has no clauses allowing or disallowing pets.
Can Landlords Charge Fees for Protected Animals?
According to 42 US Code § 3604(f) (the Fair Housing Act), a landlord can’t charge an emotional support animal fee because doing so would discriminate against a renter with a disability.
Furthermore, the Fair Housing Act and the Americans with Disabilities Act allow tenants to live with service animals without paying extra fees.
However, if the pet isn’t a service or emotional support animal, the landlord can charge any fee they’d like as long as it abides by the laws and regulations in their area.
What Is a Pet Addendum to a Lease?
A pet addendum to a lease agreement explains the conditions under which a tenant can keep a pet while living at a rental property. It’s a legal and binding contract between a landlord and the tenant, and the landlord adds it to the original lease agreement.
Because the landlord owns the rental, they have the final say in allowing the tenant to have a pet.
When to Use a Pet Addendum
Use a pet addendum to a lease to fulfill the following goals:
- Address whether the landlord permits pets when the original lease doesn’t cover the topic.
- Focus solely on pet-related clauses, including pet deposits, pet rules, and liability for damages caused by pets, in a supplementary document.
- Clarify pet allowances without altering the original lease terms.
Benefits of a Pet Addendum
A landlord has the right to say no to pets, but they may agree to let pet owners bring their animals for various reasons.
Benefits
- Establishes clear expectations for rules regarding pets
- Prevents misunderstandings between the tenant and landlord
- Protects the property from pet damage, odors, and infestations
- Offers legal protection to the landlord
- Attracts and retains tenants by increasing property appeal
- Allows for increased revenue
- Promotes responsible pet ownership
Key Elements of a Pet Addendum
A simple pet lease addendum will identify the following key elements:
- Parties: Name both the landlord and tenant.
- Original lease agreement: Identify the original rental agreement, including the date it began and the property it applies to. Provide the property’s complete address.
- Pet details: Record essential details about the tenant’s pet, such as name, type (dog, cat, etc.), breed, gender, weight, age, license, or registration number (if applicable).
- Pet fee: Specify if the landlord will charge a one-time, non-refundable fee to have a pet.
- Pet security deposit: Clarify if the pet owner will have to pay a refundable or non-refundable pet deposit in addition to the original lease’s security deposit to pay for any damages the animal inflicts.
- Pet rent: Indicate whether the tenant will have to pay an additional weekly, monthly, or yearly pet rent in addition to their normal rent.
- Pet insurance: Specify if the tenant has to get pet insurance as a condition for pet ownership.
- Liability statement: State that the tenant will assume all responsibility for any property damage the pet may cause.
- Hold harmless clause: Include a clause stating that the tenant will indemnify, hold harmless, and defend the landlord against all liabilities, claims, losses, expenses, costs, suits, actions, and judgments by third parties for injuries to people or their property. For example, if the pet bites another tenant, the pet owner will be responsible.
- Compliance statement: Clarify that the tenant will remove their pet from the property if the landlord demands this action because the tenant violated some aspect of the pet addendum.
- Signatures: Obtain the signatures of both the tenant and landlord.
Remember: Protected Animals
Please remember that tenants bringing animals to help with their physical or emotional disabilities shouldn’t be subject to a pet fee or pet rent.
Common Provisions
Here are some common provisions in a pet addendum to a lease:
- The tenant will be responsible for how their pet behaves at all times.
- The tenant will take reasonable action to prevent their pet from creating an annoyance, nuisance, or disturbance to tenants and neighbors.
- The tenant will keep their pet in appropriate areas within the premises and will not leave them unattended.
- The tenant will retain full control of their pet at all times. When the tenant takes the pet outside the premises, they will confine it in a fenced-in area or restrain it in a pet carrier or on a leash.
- The tenant will clean up and properly dispose of all pet waste outside and inside the premises and all common areas.
- The tenant will comply with all applicable community rules, local laws and ordinances, and all other rules and regulations.
- The tenant will keep their animal clean and well-groomed and stay up-to-date on their vaccinations.
Pet Addendum Sample
Download a pet addendum to a lease agreement in PDF or Word format below:
Frequently Asked Questions
Can the Landlord Evict the Tenant for Not Following a Pet Addendum?
Yes. A pet addendum is a written contract part of the lease, containing terms to which both the landlord and tenant agree. If the tenant violates this pet agreement, the landlord can initiate an eviction notice.
Can the Landlord Change the Terms of the Lease Addendum After Both Parties Sign It?
Not usually. The addendum becomes part of the original lease agreement after both parties sign it. The parties may use amendment to override the addendum’s terms, but both must agree to and sign off on the new terms.
Can a Tenant Dispute a Pet Addendum?
A tenant may be able to dispute a pet addendum if they think it contains unreasonable or unfair terms. The landlord can negotiate the terms with the tenant, but the tenant should remember that the landlord has the right to implement reasonable pet-related conditions.
What Are the Consequences of a Rental Property Not Having a Pet Addendum?
Landlord-tenant conflicts, ambiguity in pet-related matters, legal issues, decreased property standards, and property damage may occur when a landlord doesn’t write and enforce a pet addendum.
