🐾 Pet Agreement Addendum

Comprehensive Pet Policy for Residential Leases

✓ Works in All 50 States
50 States Covered
FHA Compliant
ESA Guidelines
2026 Updated
⚖️ Fair Housing Act Compliance Notice

This addendum addresses regular pets only. Service animals and emotional support animals (ESAs) are NOT pets under the Fair Housing Act and cannot be subject to pet deposits, pet rent, or breed/weight restrictions. Separate accommodation procedures apply.

📋 Property & Parties

🐕 Authorized Pet Information

🐾 Pet #1

💰 Pet Deposit & Fees

⚠️ State-Specific Limits May Apply: Some states limit pet deposits (e.g., Colorado: $300/pet max; California: total deposits capped at 1 month rent unfurnished). Check your state’s laws to ensure compliance.

Refundable deposit for pet-related damages
One-time non-refundable fee (if allowed in your state)
Additional monthly rent per pet

Fee Summary

Pet Deposit (refundable): $0.00
Pet Fee (non-refundable): $0.00
Monthly Pet Rent: $0.00
TOTAL DUE AT SIGNING: $0.00
When pet deposit and fees must be paid

📜 Pet Rules & Restrictions

General Pet Rules

Property Restrictions

Leave blank if no weight restriction
Note: Breed restrictions may not apply to service animals or ESAs

🛡️ Insurance & Liability

💡 Landlord Tip: Consider requiring proof of renters insurance with pet liability coverage, especially for dog breeds that may be excluded from standard policies. This protects both parties in case of incidents.

💉 Vaccination & Health Requirements

♿ Service Animals & Emotional Support Animals

⚠️
Important Fair Housing Notice

Service animals and emotional support animals (ESAs) are NOT pets under the Fair Housing Act. They are reasonable accommodations for persons with disabilities. Pet deposits, pet rent, breed restrictions, and weight limits do NOT apply to service animals or ESAs with proper documentation.

This Addendum Does NOT Apply To:

  • Service animals trained to perform tasks for persons with disabilities (ADA)
  • Emotional support animals with proper documentation from healthcare provider (FHA)

Separate reasonable accommodation procedures should be used for assistance animal requests.

⚠️ Violations & Remedies

Violation of this Pet Agreement Addendum may result in the following consequences:

Number of days tenant has to cure a violation before further action

✍️ Signatures

Agreement: By signing below, the parties agree that this Pet Agreement Addendum is incorporated into and made part of the Lease Agreement dated above. All terms and conditions of the original Lease remain in full force and effect except as modified herein.

Landlord/Property Manager

Landlord/Property Manager Signature

Tenant(s)

Tenant 1 Signature
Tenant 2 Signature (if applicable)

Complete Guide to Pet Agreement Addendums

A pet agreement addendum is a crucial document that protects both landlords and tenants when pets are permitted in a rental property. This comprehensive guide covers everything you need to know about pet policies, from legal requirements to best practices for managing pets in rental properties.

Why Pet Agreements Matter: According to the American Pet Products Association, 66% of U.S. households own a pet. By offering pet-friendly rentals with clear policies, landlords can access a larger tenant pool, reduce vacancy rates, and often command higher rents while protecting their property through proper documentation.

Understanding Pet Deposits, Fees & Rent

Pet Deposit (Refundable)

A pet deposit is a refundable amount held by the landlord to cover potential pet-related damages beyond normal wear and tear. Key points:

  • Refundable: Must be returned if no pet damage occurs, minus legitimate deductions
  • State Limits Apply: Many states cap total security deposits (including pet deposits)
  • Separate Accounting: Should be documented separately from general security deposit
  • Return Timeline: Subject to same state laws as regular security deposit returns

Pet Fee (Non-Refundable)

A pet fee is a one-time, non-refundable payment for the privilege of having a pet. Important considerations:

  • Not Allowed Everywhere: Some states prohibit non-refundable fees (check your state law)
  • Taxable Income: Non-refundable fees are typically taxable income for landlords
  • Covers Administrative Costs: Often covers additional cleaning, wear, or processing costs
  • Clear Disclosure: Must be clearly identified as non-refundable in writing

Monthly Pet Rent

Pet rent is an additional monthly charge for allowing pets. Benefits and considerations:

  • Ongoing Revenue: Provides monthly income to offset pet-related wear and expenses
  • Flexibility: Can be charged per pet or as a flat rate
  • Market Rates: Typically ranges from $25-$100 per pet per month
  • Not a Deposit: Cannot be applied to damages at move-out

State-Specific Deposit Limits

State Security Deposit Limit Pet Deposit Rules Notes
California 1 month (unfurnished)
2 months (furnished)		 Included in total limit Effective 7/1/2024
Colorado 2 months rent $300/pet maximum HB 24-1035
New York 1 month rent Included in total limit HSTPA 2019
Texas No statutory limit No limit Market determines
Florida No statutory limit No limit Market determines
Washington No statutory limit No limit Local limits may apply
💡 Best Practice

Always check your state and local laws before setting pet deposit amounts. Some jurisdictions have recently enacted new limits, and penalties for overcharging can be significant.

Service Animals vs. Emotional Support Animals vs. Pets

Critical Distinctions

Understanding the difference between these categories is essential for Fair Housing compliance:

Category Legal Protection Documentation Deposits/Fees Breed/Weight Limits
Service Animal ADA + FHA Cannot require Cannot charge Cannot apply
Emotional Support Animal FHA only Can request from healthcare provider Cannot charge Cannot apply
Pet None N/A Can charge Can apply
⚠️
Fair Housing Violation Warning

Charging pet deposits, pet rent, or applying breed/weight restrictions to service animals or ESAs with proper documentation is a Fair Housing Act violation. Penalties can include fines up to $100,000+ and liability for damages.

Handling Assistance Animal Requests

When a tenant requests an accommodation for an assistance animal:

  1. Don’t use this pet addendum – Use a separate reasonable accommodation process
  2. Request documentation (for ESAs) – Letter from healthcare provider establishing disability-related need
  3. Verify if non-obvious – You may verify the disability-related need, not the disability itself
  4. Respond promptly – Generally within 10-14 days
  5. Engage in interactive process – Discuss if the accommodation poses undue burden

Common Pet Policy Provisions

Breed Restrictions

Many landlords and insurance companies restrict certain dog breeds. Common restricted breeds include:

  • Pit Bull Terriers (American Pit Bull, Staffordshire, etc.)
  • Rottweilers
  • German Shepherds
  • Doberman Pinschers
  • Chow Chows
  • Akitas
  • Wolf hybrids
  • Mastiffs
📚 Insurance Considerations

Many insurance policies exclude coverage for certain breeds. Before allowing pets, verify your landlord insurance policy covers pet-related liability, and whether any breeds are excluded. Consider requiring tenants to carry renters insurance with pet liability coverage.

Weight Restrictions

Weight limits are common in apartments and condos. Typical limits range from 25-75 pounds. Consider:

  • Puppies will grow – Set expectations for adult weight
  • HOA rules may apply – Check building/community restrictions
  • Multiple pets – Consider combined weight limits
  • Exceptions – Weight limits don’t apply to service animals/ESAs

Number of Pets

Most landlords limit the number of pets to prevent overcrowding and excessive wear. Typical limits are 1-2 pets. Consider:

  • Property size and type
  • Local occupancy standards
  • Noise and odor concerns
  • Insurance policy limits

Vaccination & Health Requirements

Required Vaccinations

Requiring proof of vaccinations protects the property, other tenants, and the community:

Animal Required Vaccinations Recommended Frequency
Dogs Rabies (legally required) DHPP, Bordetella, Leptospirosis Annual or per state law
Cats Rabies (most states) FVRCP, FeLV Annual or per state law
Ferrets Rabies (where legal) Distemper Annual

Spay/Neuter Requirements

Many landlords require pets to be spayed or neutered to reduce:

  • Territorial marking and spraying
  • Aggressive behavior
  • Unwanted litters
  • Roaming/escape attempts

Handling Pet Violations

Common Violations

  • Unauthorized pets: Tenant has pet not listed on agreement
  • Excessive noise: Barking complaints from neighbors
  • Waste issues: Failure to clean up after pet
  • Property damage: Scratching, chewing, staining
  • Aggressive behavior: Pet bites or threatens others
  • Expired vaccinations: Failure to maintain current records

Enforcement Steps

  1. Document the violation – Photos, written complaints, dates
  2. Issue written warning – Specific violation, cure requirement, deadline
  3. Follow up – Verify compliance or continued violation
  4. Escalate if needed – Pet removal requirement or lease violation notice
  5. Proceed per state law – Follow proper eviction procedures if necessary
💡 Documentation Tip

Keep detailed records of all pet-related incidents, complaints, and communications. This documentation is essential if you need to enforce pet removal or pursue eviction for pet policy violations.

Frequently Asked Questions

Can I charge a pet deposit for a service animal?
No. Service animals are not pets under the ADA and Fair Housing Act. You cannot charge pet deposits, pet fees, or pet rent for service animals. However, tenants remain liable for any damage caused by the animal.
What’s the difference between a pet deposit and a pet fee?
A pet deposit is refundable (returned if no damage), while a pet fee is non-refundable (kept regardless of damage). Some states prohibit non-refundable fees. Check your state law before charging pet fees.
Can I deny a tenant with a pit bull?
For regular pets, yes – breed restrictions are generally legal. However, you cannot deny an assistance animal (service animal or ESA) based on breed, even if it’s a pit bull. You can only deny if the specific animal poses a direct threat based on its individual behavior.
What if a tenant gets a pet without permission?
An unauthorized pet is typically a lease violation. Issue a written notice requiring them to either remove the pet, complete a pet application (if you’re willing to allow it), or face lease violation consequences per your lease terms and state law.
Should I require renters insurance for tenants with pets?
Yes, this is highly recommended. Renters insurance with liability coverage (typically $100,000+) protects both the tenant and you from liability if their pet injures someone or damages property. Some policies exclude certain breeds.
Can I limit the number of ESAs a tenant can have?
You must engage in the interactive process for each ESA request. While you cannot impose arbitrary limits, you may be able to deny requests that would pose an undue burden or fundamentally alter your operations. Consult a Fair Housing attorney for specific situations.
What should I do if a pet causes damage?
Document the damage with photos and written description. At move-out, deduct repair costs from the pet deposit (and security deposit if needed). Provide itemized statement as required by state law. If damage exceeds deposits, you may pursue the tenant for the balance.

Best Practices for Pet-Friendly Landlords

💡 Screen Pets Like Tenants

Meet the pet before approving. Look for signs of training, temperament, and how the owner handles the animal. Consider requiring references from previous landlords about the pet.

💡 Use Pet-Resistant Materials

When renovating, consider pet-resistant flooring (luxury vinyl, tile), stain-resistant carpets, and durable paint. The upfront investment reduces long-term damage costs.

💡 Conduct Regular Inspections

Schedule periodic inspections (with proper notice) to catch pet damage early. Document conditions with photos and address issues promptly before they worsen.

💡 Build Pet Amenities

Pet-friendly properties can command premium rents. Consider adding pet waste stations, fenced areas, or pet washing stations to attract quality tenants with pets.

Resources

Legal References

  • Fair Housing Act: 42 U.S.C. § 3601 et seq.
  • Americans with Disabilities Act: 42 U.S.C. § 12101 et seq.
  • HUD Guidance on Assistance Animals: FHEO-2020-01

Industry Resources

  • National Apartment Association: naahq.org
  • National Association of Residential Property Managers: narpm.org
  • American Pet Products Association: americanpetproducts.org

⚠️ Legal Disclaimer

This pet agreement addendum and guide are provided for informational purposes only and do not constitute legal advice. Pet policies, deposit limits, and Fair Housing requirements vary by state and locality. Laws change frequently. Always verify current requirements for your jurisdiction and consult with a qualified attorney for specific legal questions. Use of this form does not create an attorney-client relationship.