🐾 Pet Screening Guide for Landlords

Benefits of Allowing Pets

Pet-friendly policies offer significant advantages:

• Larger tenant pool: Access to 72% of renters who have pets, not just 28% who don’t
• Higher rent potential: Pet-friendly units often command 9-15% higher rent
• Additional income: Pet deposits, pet rent, and pet fees add revenue streams
• Longer tenancies: Pet owners often stay longer because finding pet-friendly housing is difficult
• Faster vacancy fill: Less competition in pet-friendly market = faster tenant placement
• Reduced unauthorized pets: Clear policies reduce hidden pet violations

Risks of Allowing Pets

Pet ownership also creates legitimate concerns:

• Property damage: Scratched floors, stained carpets, chewed trim, damaged yards
• Noise complaints: Barking dogs can disturb neighbors
• Odors: Pet smells can linger and require extensive cleaning
• Liability: Dog bites and injuries create legal exposure
• Allergens: Future tenants with allergies may have issues
• HOA/insurance issues: Some HOAs restrict pets; some insurance doesn’t cover certain breeds

The Solution: Thorough Pet Screening

The answer isn’t banning all pets or accepting all pets blindly—it’s screening pets as carefully as you screen tenants. A well-screened pet with a responsible owner is an asset; an unscreened pet is a liability.

Before creating any pet policy, you must understand the legal distinctions between pets, service animals, and emotional support animals. These categories have vastly different legal protections.

Key Legal Principle

Service animals and emotional support animals are NOT pets under the law. Fair Housing Act requirements apply regardless of your pet policy. You cannot deny, charge extra deposits, or apply pet restrictions to legitimate assistance animals.

What You CAN Do with Service Animals/ESAs

• Verify legitimacy: Request documentation from healthcare provider for ESAs
• Deny if animal poses direct threat: History of dangerous behavior, documented threat to safety
• Charge for damage: You can charge for actual damage caused (but not preventive deposit)
• Require reasonable behavior: The animal must not disturb others or damage property
• Deny fraudulent requests: If documentation appears fraudulent or from illegitimate source

What You CANNOT Do with Service Animals/ESAs

• Charge pet deposit or pet rent
• Apply breed, size, or weight restrictions
• Require pet screening or pet application
• Deny based on your insurance not covering the breed
• Require special training documentation (for ESAs)
• Demand details about the person’s disability

When Someone Claims a Service Animal

For service animals (trained to perform specific tasks):

1. If disability is obvious: You cannot ask any questions. Accommodate immediately.
2. If disability is not obvious: You may ask only TWO questions:
   • “Is this animal required because of a disability?”
   • “What work or task has the animal been trained to perform?”
3. You cannot ask: What their disability is, for medical documentation, or for demonstration of tasks.
4. Accommodate: If they answer yes to both questions, you must accommodate.

When Someone Requests an ESA

For emotional support animals:

1. Request documentation: You may request a letter from a healthcare provider.
2. Verify the letter includes:
   • Provider is licensed mental health professional or physician
   • Provider has a treatment relationship with the person
   • Person has a disability under Fair Housing Act
   • The animal provides disability-related assistance
3. Verify provider legitimacy: Check that the provider is real and properly licensed.
4. Evaluate timing: Request made after pet denial is more suspect (but not automatically invalid).
5. Accommodate if legitimate: If documentation checks out, you must accommodate.

Denying Assistance Animal Requests

You may deny an assistance animal request only if:

• Direct threat: The specific animal has documented history of dangerous behavior
• Fundamental alteration: Accommodation would fundamentally alter your operations (rare)
• Undue burden: Accommodation would cause significant difficulty or expense (rare)
• Fraud: Documentation is clearly fraudulent or from illegitimate source
• No disability-related need: Documentation doesn’t establish nexus between disability and need for animal

A well-crafted pet policy balances tenant appeal with property protection. Your policy should be clear, consistent, and applied equally to all applicants.

Elements of a Complete Pet Policy

Sample Pet Policy Language

“[Property Name] welcomes pets with approval. Tenants wishing to have pets must complete a pet application and pet screening process. Approved pets require a $[amount] refundable pet deposit plus $[amount] monthly pet rent. Maximum [number] pets per unit. Dogs must be under [weight] pounds. All pets must be current on vaccinations, licensed where required by law, and spayed/neutered. Tenants must maintain renter’s insurance with minimum $100,000 pet liability coverage. Pet waste must be immediately cleaned up. Pets must be leashed in all common areas. Violations may result in pet privilege revocation and/or lease termination. This policy does not apply to service animals or emotional support animals with valid documentation.”

Restricted vs. Prohibited

Consider what categories you’ll allow, restrict, or prohibit:

Just as you screen tenants, you should screen their pets. Pet screening evaluates the animal’s behavior history and the owner’s responsibility level.

Pet Application Information to Collect

Verification Steps

Using Professional Pet Screening Services

Several services offer specialized pet screening:

• PetScreening.com: Creates “FIDO score” for pets based on comprehensive evaluation; also handles assistance animal verification
• Pet-related questions in standard screening: Some tenant screening services include pet-related components
• Third-party verification: Services that verify vaccination records, licensing, and veterinary history

Professional services add cost but provide standardized, documented screening that protects you legally.

Pet deposits and fees provide financial protection and can be a revenue source. However, state laws strictly regulate what you can charge.

Types of Pet Charges

State Law Considerations

Pet deposit and fee laws vary significantly by state:

• California: Total deposits (including pet) limited to 1 month’s rent unfurnished, 2 months furnished. No non-refundable fees allowed.
• Texas: No statutory limit on pet deposits. Non-refundable fees allowed if disclosed in writing.
• New York: Total deposits limited to 1 month’s rent. Pet deposits count toward this limit.
• Florida: No statutory deposit limits. Pet deposits and non-refundable fees generally allowed.

Check your specific state’s security deposit laws before setting pet deposit amounts.

Recommended Pet Charge Structure

A balanced approach that provides protection while remaining competitive:

• Pet deposit: $300-$500 refundable (or maximum allowed by law)
• Pet rent: $25-$50/month per pet
• Documentation fee: $25-$50 one-time for processing pet application (where legal)
• Additional rent for larger pets: Consider tiered pet rent based on size/risk

Breed restrictions are controversial but common. Many are driven by insurance requirements rather than landlord preference.

Common Restricted Breeds

Insurance companies commonly restrict or exclude coverage for:

• Pit Bulls and Pit Bull mixes (American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier)
• Rottweilers
• German Shepherds
• Doberman Pinschers
• Chow Chows
• Great Danes
• Akitas
• Mastiffs
• Huskies and Malamutes
• Wolf hybrids

Insurance Considerations

Before setting breed restrictions, understand your insurance situation:

• Check your policy: Does your landlord insurance exclude certain breeds?
• Liability coverage: If a restricted breed injures someone, are you covered?
• Required disclosures: Must you disclose pets to your insurer?
• Premium impacts: Will allowing certain breeds increase your premiums?
• Alternative coverage: Can tenants obtain separate liability coverage for restricted breeds?

Setting Reasonable Restrictions

If you restrict breeds, do so thoughtfully:

• Base restrictions on insurance requirements—not personal bias or stereotypes
• Document your reasoning—insurance policy exclusions, liability concerns
• Apply consistently—same restrictions for all applicants
• Consider case-by-case evaluation—individual animal’s history may matter more than breed
• Remember: restrictions don’t apply to service animals or ESAs

A comprehensive pet addendum protects you by clearly establishing rules, responsibilities, and consequences. It should be signed along with the main lease.

Essential Addendum Provisions

Key Protective Clauses

Damage Liability Clause

“Tenant shall be liable for all damage caused by their pet(s) to the premises, common areas, landscaping, and any property of Landlord or other tenants. Such damage shall include, but is not limited to: scratches, stains, odors, chewing damage, and any damage requiring repair or replacement beyond normal wear and tear. If pet damage exceeds the pet deposit, Tenant shall pay the excess upon demand.”

Nuisance Clause

“Pet(s) shall not create any nuisance, including but not limited to: excessive barking or noise, aggressive behavior toward persons or animals, damage to property, or disturbance of other tenants’ quiet enjoyment. Documented complaints about pet behavior may result in a cure-or-quit notice and/or pet privilege revocation.”

Pet Privilege Revocation Clause

“Landlord reserves the right to revoke pet privilege upon 30 days written notice if: (a) pet causes damage beyond normal wear and tear; (b) pet creates nuisance or disturbance; (c) pet displays aggressive behavior; (d) Tenant fails to comply with any provision of this addendum; or (e) Tenant’s pet liability insurance lapses. Upon revocation, Tenant must permanently remove the pet from the premises or vacate.”

Common Pet Damage Types

Prevention Strategies

• Require renter’s insurance with pet liability: Ensures coverage exists for damage claims
• Conduct periodic inspections: Catch problems early before they become expensive
• Provide pet guidelines: Educate tenants on protecting floors, preventing damage
• Install pet-resistant materials: Luxury vinyl plank instead of carpet, durable trim
• Include pet waste stations: For multi-family, provide convenient cleanup supplies

Documentation for Damage Claims

When pet damage occurs, proper documentation protects your ability to recover costs:

• Move-in inspection: Detailed photos and checklist documenting pre-tenancy condition
• Move-out inspection: Photos of all damage, ideally with tenant present
• Comparison photos: Side-by-side of same areas at move-in vs. move-out
• Repair estimates/invoices: Multiple quotes or actual repair costs
• Normal wear vs. damage: Be prepared to distinguish—worn carpet ≠ pet stains

Recovering Damage Costs

1. Deduct from pet deposit first: Apply pet deposit to pet-specific damage
2. Deduct from security deposit if pet deposit insufficient: Per state law procedures
3. Bill tenant for excess: Send itemized statement with invoices
4. Small claims court: If tenant doesn’t pay, pursue through small claims
5. Collections: Report unpaid damage to credit bureaus (with proper procedures)

For Service Animals and ESAs

Keep separate documentation for assistance animals:

• Request for accommodation (written)
• Healthcare provider documentation (for ESAs)
• Verification of provider legitimacy
• Your written approval/response
• Any correspondence about the animal
• Documentation if denied (reason and basis)