🐾 Texas Pet Agreement Addendum
Pet Authorization for Rental Property
📋 Purpose of Pet Addendum
This addendum authorizes specific pets and sets rules:
- Attaches to lease: Becomes part of rental agreement
- Authorizes specific pets: Only listed pets allowed
- Sets fees: Pet deposit, pet rent, other charges
- Establishes rules: Pet conduct, cleanup, restrictions
- Liability: Tenant responsible for pet damage and injury
- Enforceable: Violation can lead to eviction
⚠️ Service Animals vs. Pets
Fair Housing Act distinction:
- Service Animals (ADA): Dogs trained for disability tasks – CANNOT charge fees, CANNOT deny
- Emotional Support Animals (ESA): Any animal providing therapeutic benefit – CANNOT charge fees or deny if reasonable accommodation
- Regular Pets: Not assistance animals – CAN charge fees, CAN restrict, CAN deny
- Documentation required: For ESA/service animals, can request verification letter from healthcare provider
- Cannot ask about disability: Can only verify need for accommodation
🚨 Fair Housing Compliance
Federal and state law requires:
- Service animals exempt: Cannot treat as pets, charge fees, or deny
- ESA reasonable accommodation: Must allow unless undue burden or threat
- No breed restrictions on assistance animals: Cannot ban specific breeds for service/ESA
- Damage liability: CAN hold tenant liable for actual damage caused by any animal
- Behavior issues: CAN require removal if animal poses direct threat or causes substantial damage
📝 Pet Agreement Details
Lease Information
Date original lease was signed
Tenant Information
Pet Information
🐾 Pet #1
Pet Fees and Deposits
One-time refundable deposit for pet damage
One-time non-refundable administrative fee
Additional monthly rent for having pet
Fee Summary:
Pet Deposit (Refundable): $0.00
Pet Fee (Non-Refundable): $0.00
Monthly Pet Rent: $0.00/month
Total Due at Signing: $0.00
First Year Total Cost: $0.00
Pet Rules and Restrictions
✅ Standard Pet Rules
The following rules apply to all pets (check to include):
Liability and Insurance
⚠️ Tenant Liability
Tenant agrees to the following:
- Damage liability: Responsible for all damage caused by pet beyond normal wear
- Injury liability: Liable for any injuries caused by pet to persons or property
- Indemnification: Holds landlord harmless from pet-related claims
- Deposit may not cover: Pet deposit may not cover all damage – tenant pays remainder
- Cleaning costs: Professional cleaning, deodorizing, carpet/floor repair if needed
Agreement Terms
📋 Key Terms
- Only listed pets allowed: Only pets described above are authorized
- No additional pets: Cannot add pets without landlord written approval and new addendum
- Violation consequences: Unauthorized pets or rule violations may result in eviction
- Pet removal: Landlord may require removal of pet that causes damage, disturbance, or danger
- Deposit refund: Pet deposit refunded if no pet damage, subject to inspection
- Death/removal: If pet dies or removed, notify landlord – pet rent/fees may continue until lease renewal
Signatures
📚 Texas Pet Agreement Guide
Legal Context: Pet addendum is contract addendum to lease authorizing specific pets. Texas law allows landlords to restrict pets, charge fees, and set rules. However, Federal Fair Housing Act and Americans with Disabilities Act require landlords accommodate service animals and emotional support animals (ESAs) as reasonable accommodation for disability. CANNOT charge pet fees or deposits for service animals or ESAs. CANNOT deny housing due to service/ESA animals except in limited circumstances (direct threat, undue burden). CAN hold tenant liable for actual damage caused by any animal. Landlord can require documentation verifying disability-related need for assistance animal.
Service Animals vs. Emotional Support Animals vs. Pets
🦮 Service Animals (ADA)
Dogs trained to perform tasks for person with disability:
- Definition: Dog individually trained to do work/tasks for person with disability
- Examples: Guide dog for blind, seizure alert dog, mobility assistance dog
- MUST allow: Cannot deny housing or charge fees
- No breed restrictions: Cannot ban specific breeds
- Limited questions: Can ask: (1) Is dog required for disability? (2) What task is dog trained to perform?
- Cannot ask: About disability details or require medical documentation
- CAN charge for damage: Liable for actual damage animal causes
🐕 Emotional Support Animals (ESA)
Animals providing therapeutic benefit but not trained for specific tasks:
- Definition: Any animal that provides emotional support for person with mental/emotional disability
- Examples: Dog, cat, bird, rabbit, etc. that helps with anxiety, PTSD, depression
- MUST allow as accommodation: Cannot charge pet fees/deposits
- Documentation required: Can request letter from healthcare provider verifying disability-related need
- Reasonable accommodation: Must allow unless undue burden or direct threat
- No specific training: Don’t need training like service animals
- CAN charge for damage: Tenant liable for damage animal causes
🐾 Regular Pets
Animals that are not service or ESA:
- CAN restrict: Landlord can prohibit pets entirely
- CAN charge fees: Pet deposit, pet rent, non-refundable fees
- CAN set limits: Number, size, breed, type restrictions
- CAN deny: Don’t have to accept pets
- Written agreement: Use pet addendum to set rules and fees
- Enforceable: Can evict for unauthorized pets or rule violations
Pet Fees and Deposits
Types of pet charges:
- Pet Deposit (Refundable):
- One-time refundable deposit for potential pet damage
- Typical: $200-500 per pet
- Returned if no pet damage at move-out
- Subject to same rules as security deposit
- Can be combined with regular security deposit (but watch deposit limits)
- Pet Fee (Non-Refundable):
- One-time non-refundable fee
- Typical: $100-300 per pet
- Covers administrative costs, deep cleaning, wear and tear
- Not returned regardless of pet damage
- Monthly Pet Rent:
- Additional monthly charge for having pet
- Typical: $25-75 per pet per month
- Continues for duration of tenancy
- Can add up significantly over time
Pet Rules and Restrictions
Common pet policies:
✅ Typical Pet Restrictions
- Number limit: Maximum 2 pets common
- Size limit: Dogs under 50 lbs, cats under 20 lbs
- Breed restrictions: Certain breeds prohibited (pit bulls, rottweilers, etc.)
- Type restrictions: Dogs/cats only, no exotic animals
- Spay/neuter required: Must be fixed
- Vaccination required: Current rabies, other shots
- License required: Local pet licenses up to date
- Age minimum: Must be at least 1 year old
- No breeding: Cannot breed or have litters
- Leash requirement: Must be on leash in common areas
Tenant Responsibilities
What tenants with pets must do:
- Clean up waste: Immediately clean up pet waste on property
- Control noise: Prevent excessive barking, noise disturbances
- Prevent damage: Protect property from pet damage
- Leash in common areas: Keep under control in hallways, yards, etc.
- Vaccinations current: Maintain required shots
- License compliance: Obtain and maintain required licenses
- No aggression: Ensure pet not dangerous to others
- Notify of issues: Report pet problems to landlord
- Proper care: Provide adequate food, water, shelter, veterinary care
Landlord’s Rights
What landlords can do:
- Require removal: Can demand pet removal for violations
- Charge for damage: Bill tenant for pet damage beyond deposit
- Inspect property: Check for pet damage, rule compliance
- Evict for violations: Unauthorized pets or rule violations = lease breach
- Keep deposit: Withhold deposit for pet damage
- Require insurance: Can mandate liability insurance
- Modify rules: Can change pet policies for new leases (not mid-lease)
Service/ESA Animal Accommodation Process
How accommodation requests work:
- Tenant requests accommodation: Asks to have service or ESA animal
- Landlord can request verification: Letter from healthcare provider (for ESA) or disability-related task (for service animal)
- Letter must state:
- Person has disability (don’t need to disclose specific diagnosis)
- Animal needed for disability-related support/tasks
- From licensed healthcare provider (doctor, therapist, psychiatrist)
- Landlord evaluates: Determines if accommodation reasonable
- Can deny only if:
- Animal poses direct threat to health/safety of others
- Would cause substantial property damage
- Would create undue financial/administrative burden
- Would fundamentally alter nature of housing
- If approved: Allow animal, waive pet fees, cannot breed restrict
- Damage liability: CAN charge for actual damage animal causes
- Removal for behavior: CAN require removal if animal aggressive, destructive, or poses threat
Common Mistakes
❌ What NOT to Do
- Charging fees for service/ESA animals: Violates Fair Housing Act
- Breed restrictions on assistance animals: Cannot ban pit bulls, etc. if service/ESA
- Requiring medical records: Can only ask for verification letter, not detailed records
- Asking about disability: Cannot inquire about nature of disability
- Automatic denial: Must evaluate each accommodation request individually
- No pet addendum: Allowing pets without written agreement creates problems
- Vague rules: Pet rules must be clear and specific
- Not documenting pet: Must identify specific authorized pets
- Inconsistent enforcement: Apply rules equally to all tenants
Best Practices
✅ Pet Addendum Best Practices
- Always use written addendum: Never verbal pet agreements
- Identify each pet: Name, type, breed, description, photo
- Set clear rules: Specific, enforceable pet policies
- Require proof: Vaccination records, license, vet info
- Proper fees: Reasonable deposits and monthly charges
- Document condition: Inspection before pet moves in
- Include liability clause: Tenant responsible for damage and injury
- Address assistance animals properly: Know Fair Housing requirements
- Both parties sign: Tenant and landlord signatures
- Attach to lease: Becomes binding part of rental agreement
⚖️ Legal Disclaimer
This form is provided for informational purposes only and does not constitute legal advice. Pet addendum is contract authorizing specific pets in rental property. Texas law allows landlords to restrict pets, charge fees, set rules. Federal Fair Housing Act and ADA require landlords accommodate service animals and emotional support animals (ESAs). Cannot charge fees or deny housing for assistance animals except direct threat or undue burden.
Know the difference: Service vs. ESA vs. Pet. Service animals: dogs trained for disability tasks – must allow, no fees. ESAs: animals providing emotional support – must allow with proper documentation, no fees. Regular pets: can restrict, charge fees, deny. Can request verification letter for ESA. Cannot ask about disability details. Can charge for actual damage caused by any animal.
Put everything in writing. Use written addendum identifying specific authorized pets. Set clear rules, fees, liability. Both parties sign. Attaches to lease. Violations can result in pet removal or eviction. Keep documentation: vaccination records, photos, inspection reports. Consult Fair Housing attorney if questions about assistance animals or discrimination concerns.
