How do I set a pet policy?
There are many issues to consider when setting adequate pet policies. A landlord should clearly disclose in writing his pet policies to applicants and tenants regarding information and notification requirements for pet ownership during a tenancy. Most pet owners have a domestic cat or dog as a pet. A landlord’s pet policies can specify the type, species of animal, size, and weight limit of a pet, as well as restrict the number of pets per tenant household. Landlords should always prohibit any animals that are excluded from the liability coverage under their landlord insurance policy, for example, dog breeds that are considered dangerous.
Pet policies should clearly state that pets must be approved by the landlord’s written authorization before being allowed to move into the tenant household. Only approved pets of tenants will be allowed on the rental property. A pet policy can prohibit tenants from pet sitting for friends or family and prohibit guests from bringing their pets onto the property.
A landlord can set pet qualification and approval standards. As examples, a landlord can require all pets to wear identification tags or collars; require proof of required vaccinations, licenses, and registrations per local ordinances; require pets to be spayed or neutered; and require pets to be house trained. Landlord approval of pets is conditional upon the tenant’s compliance with the terms and conditions of the pet agreement. Material violations of pet policies and rules and regulations detailed in the pet agreement may result in landlord action to request removal of the pet from the rental property or legal action to terminate the tenancy.
A landlord’s pet policies should make tenants responsible for their pets. Tenant duties, pet rules and regulations should be clearly detailed in the pet agreement. Some of the common tenant responsibilities include:
- Tenant has read, understood, and agrees to comply with landlord’s rental policies regarding pets.
- Tenant shall be responsible for the pet at all times.
- Tenant agrees to keep the pet under full control at all times.
- Tenant agrees to keep the pet restrained by hand-held lease or in a pet carrier at all times on or off the rental property.
- Tenant agrees to take all reasonable measures to prevent/prohibit pet from creating a nuisance, disturbance, or annoyance to neighboring tenants.
- Tenant agrees to not leave pet unattended for an unreasonable period of time.
- Tenant agrees to clean up after pet and properly and promptly dispose of pet waste inside and outside the rental premises including any and all common areas.
- Tenant agrees to not leave pet food or water outside rental unit where it may attract pests or other animals.
- Tenant has disclosed any and all pets in the tenant household. Tenant agrees to request prior landlord written approval of any additional pet or substitute pet.
- Tenant acknowledges financial responsibility for damage, loss or expense caused by pet.
In general, a landlord can hold a tenant responsible for any damages caused by the tenant, by members of the tenant’s family, by guests of the tenant, by agents of the tenant, and by animals brought on to the leased premises. This includes damages to property of the landlord inside and outside the tenant’s rental unit, damages to common areas, damages to property of other tenants, and damages to property of visitors to the property. Also included are injuries caused by any of the listed persons or by their animals.
Pet policies can include requirements for additional deposits, rents, or other fees related to pets but must comply with state statutes and local ordinances. As allowed by statute and lease agreement, a landlord may require a pet deposit to cover costs of pet damages or additional cleaning required to return the rental unit to good condition upon the tenant’s move-out. Accounting and return of pet deposit funds are handled in a similar manner as tenant security deposits. Some landlords charge a non-refundable pet fee payable at tenant move-in as an administrative cost to permit the tenant to have a pet in the rental unit. In addition to the tenant’s monthly rent amount, some landlords may charge an additional amount for monthly pet rent.
For additional risk protections, a landlord, as allowed by state statute, should require tenants to carry rental insurance that includes adequate liability coverages including coverage for damage caused by pet accidents. Policy coverages should be reviewed to make sure the policy does not contain a dog bite exclusion or other animal-related limitation.