What is a Pet Addendum?
A pet attachment, also known as a pet addendum, is a legal document that is sometimes attached to a rental or lease agreement to specifically address the issue of having a pet on the premises. In general tend to be used when the owner of the property has agreed to let a pet in the rental property, but wants to establish a clear definition of the terms on which that pet is welcome to stay. Pet addendums are common for both long-term and short-term leases.
A lease agreement can be amended to include a pet addendum. Even though it is an amendment to the lease, it doesn’t necessarily constitute a new lease because the terms of the existing rental agreement have not changed, only the addition of a specific amendment. In this case, only the conditions for having a pet in the rental property are amended, and the agreement will stipulate a blanket permission to have any size or breed of pet, and an explicit enforcement of any pet deposits that are required by the landlord.
Because a pet addendum is essentially a contract in and of itself, it must include some basic information that is required by law. A pet addendum must include a description of the animal(s) in question, such as breed, color, weight, age and any other distinguishing features. The addendum should also explicitly state which or if conditions are put in place in order for the owner of the property to allow the pet on the premises. For instance, some pet addendums forbid pet owners from having their pets stay overnight while they’re away, which may mean the animals must be boarded off the premises during those times . The addendum can also spell out any pet deposits that are required, any additional fees that the owner may have to pay, and any restrictions on the size, weight or number of pets that are allowed.
In addition, a pet addendum can be used to limit the damage that pets may do to the property and to clarify who will pay for repairs if damage occurs. There may be clauses about fumigating for fleas or rodents, or for new carpets if the floors are damaged. The addendum may also require the tenant to have an inspection done at a specified time to determine whether or not property damage occurred. The final clause of the pet addendum can hold the tenant completely responsible for any damages that occur as a result of having a pet on the property.
A pet addendum is different from a pet policy (though the terms are often used interchangeably). A pet policy generally applies to all of the tenants renting the property, whereas a pet addendum is specifically between the owner of the property and the tenant in question. If a tenant has not signed a pet addendum but has a pet on the property, then the owner can take any legal action permitted under the standard rental contract. On the other hand, if the tenant has signed a pet addendum, the addendum must be followed; the landlord cannot demand a different pet deposit, change the terms of the addendum or evict the tenant unless the tenant fails to follow it exactly.
Essential Elements of a Pet Addendum
At a minimum, a pet addendum should address the following details:
Types of Pets – Although many pet addenda may be specific enough to address dogs or cats individually, most are written in a manner that allows other types of pets to be included as well. Backing for such a contract are often laid out within the precedent-setting case of O’Brien v. Dyer, 188, N.E. 2d 428 (Ill. App. 1963), which sets forth factors/criteria that are typically considered for determining whether a landlord can justify restriction of pet ownership under a lease agreement.
Pet Restrictions – When including pets of any kind within a lease agreement, the landlord or property manager should also outline restrictions and limitations on these animals.
Responsibility for Damages – Responsibility for damages incurred by pets should be clearly spelled out so that there are no issues when something happens to the property. This holds true whether pets are provided by the landlord or brought in by tenants.
Liability Clause – As with any activity that has the potential to result in various damages to shared areas of a rental property, a liability clause is a good way to manage these risks. A liability clause should outline what is expected from tenants, and what kind of liabilities they are responsible for incurring. In some cases, special insurance may even be needed to ensure that property owners are protected.
Deposit or Fee – While it’s common to collect a pet deposit or pet fee, this is not required in order to have your pet addendum enforceable. However, if you do include this clause, ensure that you also address the circumstances under which this deposit/fee may be withheld.
Because pet addenda are one of the most commonly challenged of all lease agreements, the more details you provide about the scope and limitations of this practice on the property, the better it will serve to protect both tenants and landlords from legal action.
Advantages for Landlords and Tenants
A pet addendum serves as a mutual benefit to landlords and tenants. The addendum helps maintain the condoned property conditions that are required of both the residences and pets. The addendum sets each party up for success regarding any expectations that may arise at any point between the parties.
For the landlord or property manager, the pet addendum does several different things. By condoning pets on the property, the landlord allows more potential renters to lease the property. The pet agreement also sets a limit on how much damage the landlord can expect. The fees in the agreement help mitigate any potential damages (known beforehand) which makes for an easier and faster turnover in the future.
For the tenant, the pet addendum sets a standard regarding what pet care and ownership should look like in the rental property. Followed correctly, the addendum helps to keep the pet and property from hurting one another. The addendum also provides a way of ensuring that the tenant has taken care of the property. If the tenant has not upheld the requirements of the agreement, the landlord can potentially evict him or her for default on the pet clause section of the lease. Lastly, a pet addendum increases the standard fee for the initial lease of the property, along with any subsequent increases. This gives both parties an advantage, as the additional fee is a constant payment throughout the lease.
Legal Issues & Compliance
There are a number of legal considerations landlords need to be aware of when handling a tenant’s request to bring a pet into a rental unit where a pet is otherwise prohibited. Although every state has different landlord and tenant laws, the Fair Housing Act (FHA) generally applies to most rental properties. Under the FHA, renting to a tenant with disabilities and accepting assistance animals with proper documentation is required. The following are the three main types of legal considerations to keep in mind when considering a pet addendum: Breeds Prohibited by Landlord or Tenant Law. Many state and local laws prohibit the banning of specific breeds of dogs. Even if you have a breed restriction in your lease or rental agreement, you may not be able to enforce that restriction if it conflicts with the state or local laws of the municipality where the rental property exists. If your state or local law prohibits the banning of certain dog breeds , that prohibition usually extends to all other domestic animals. Emotional Support Animals. The FHA also requires landlords to allow emotional support animals (ESAs) into their apartment or home. An ESA is a type of assistance animal that a tenant with a mental or emotional disability requires for his or her comfort or well-being. An ESA provides emotional support and other kinds of therapeutic benefits and should not be confused with a service animal, as described in the next section of this article. The FHA defines an ESA as "[a]n animal that works, provides assistance, and performs tasks for the benefit of an individual with a disability." Depending on the underlining state law, a doctor’s note or other documentation may be required. Alternatively, some states require a tenant to self-certify the need for an ESA. Service Animals. The FHA defines a service animal as a "dog that has been individually trained to do work or perform tasks for an individual with a disability." Therefore, it is important to remember that only trained dogs can qualify as service animals. In addition, the FHA only covers assistance animals, such as ESAs, if the animal provides some specific services for the disabled tenants. For example, emotional support dogs provide comfort just by being with a disabled person. Again, an ESA should not be confused with a service animal.
Common Pitfalls to Avoid
One of the most common mistakes that landlords make when it comes to pet addendums is providing tenants with a boilerplate agreement that they expect them to sign. In pet addendum lease agreements, communication is key. While you should certainly have a written contract to protect yourself as the landlord, you should also take time to review it with your tenant so that they know exactly what you expect of them and their pets.
Another common trap that landlords fall into is charging excessive fees. Pet addendums should outline reasonable terms, and a $200-$300 deposit is relatively standard across most leasing markets. Ballpark what’s considered high and extremely high in your area. Be reasonable, unless it’s necessary to charge more because of potential damages.
Lastly, don’t assume that your tenant can train their pet. Training may not be an option for some people, or they may not want to do it—it’s especially difficult to train a puppy, but even harder with some adult dogs. Work with your tenants to understand their limitations, and don’t assume that it’s okay to expect all pet owners to be a "Cesar Millan."
Pet Addendum Template
Addenda are attachments to the signed lease and therefore tenants will be bound by the contents of the Pet Addendum. An example of a Pet Addendum can be found here: Pet Addendum This Pet Addendum serves as an attachment to and is part of the Lease Agreement ("Lease") made and entered into this ____ day of _______ by and between __________________ ("Landlord") and __________________________ ("Tenant(s)").
- 1. Tenant(s) shall not harbor any pets on the Premises without the express prior written consent of the Landlord; and it is expressly understood that Landlord may refuse such consent for any reason or no reason at all. Tenant(s)’s failure to comply with this provision shall be considered a breach of the Lease and grounds for Landlord’s immediate termination of the Lease.
- For any approved pet(s), Tenant(s) shall pay additional non-refundable rent in the amount of $___ per month _________________ ________________ per pet. To the extent permitted by law, this shall not be considered a pet deposit, rather it is general rent charged Tenant(s) for permission to keep approved pets in the Premises.
- Tenant(s) shall be solely responsible for any damages to the Premises or surrounding Property caused by approved pet(s). At no time shall the Landlord be liable for any damage, injury or loss caused by approved pet(s).
- Tenant(s) shall be solely responsible for any illegal activity committed by the approved pet(s) including but not limited to barking, fighting, etc, . Notwithstanding any provision of the Lease and in addition to the other remedies set forth therein, Landlord shall have the right, in its sole discretion, to terminate this Addendum and the Lease if Tenant(s) or Tenant’s guests permit any approved pet(s) to become a nuisance to other tenants or guest of the Landlord.
- This Pet Addendum shall in all respects be subject to the terms, covenants and conditions of the Lease, and all terms of the Lease shall remain in full force and effect.
- Should the tenant vacate the premises at the end of the defined term, the tenant may not own, harbor or keep a pet on the premises. If the landlord allows an exception for a specific pet, the pet shall be considered a violation of the lease upon conversion of the tenancy. If the lease is extended for a defined term, tenant may not own, harbor or keep an additional pet or any other pet on the premises. Tenant must receive prior approval from the landlord for an exception except for renewal of the lease for a period of time of no less than 12 months.
- This Pet Addendum is made a part of the Lease, and any violation of the provisions of this Pet Addendum shall constitute a violation of the executed Lease. Tenant(s) and Landlord acknowledge that they have had the opportunity to review this Pet Addendum, and understand and agree to all its terms, and have received a copy of this Pet Addendum. Landlord____________________________ Tenant(s)______________________________________
By:___________________________________ By:_____________________________________ Print Name:___________________________ Print Name:_____________________________ Date: _________________________________ Date:_________________________________