Pets In Rental Housing – Part 3
Pets in Rental Housing – Part 3
In Parts 1 and 2 of this series we discussed some basic issues related to landlord pet policy. In this Part 3, we’ll discuss other issues, including some of those that should be covered by a pet agreement.
When animals are allowed, detailed information regarding the landlord’s qualifying criteria must be provided at first contact in order to avoid time being wasted by both landlord and applicant. Even if a landlord has previously mentioned his animal policy on the phone, it is important to be sure that applicants fully understand the policy before completing and returning an application form. This is best accomplished via an information package included with application forms handed out to prospects. Such a package is also useful for conveying other information that might influence an applicant’s interest in proceeding with submission of an application.
Information regarding pet policy provided to potential applicants might cover the following requirements and restrictions:
The applicant must disclose on the application form any animals that will be residing on the property and the written authorization for the animals’ presence must be received prior to bringing them onto to the property.
Animals require advance approval under the landlord’s qualifying criteria, whether having them when they move in or acquiring them later during residency. All issues related to the qualifying criteria including animals that are allowed or not allowed should be included. In particular, species and numbers of animals allowed. For example, only 1 dog weighing less than 50 pounds, 2 cats, 3 birds, or 4 fish are allowed and no pit bulls or malamutes are allowed, whether those of the tenants or their guests.
The procedures for obtaining approval for animals should be provided. Examples of possible procedure criteria include: advance written request by the tenant, proof of insurance covering risks associated with the type of animal, proof of any shots usually advised or required for the type of animal, and proof of licensing required by local law.
Tenants who bring animals onto the property must be sure that the animals are at all times adequately cared for and controlled so that they do not damage the property of the landlord, of other tenants, or of the general public and that they do not annoy or injure those parties. Examples of possible requirements include: allowed and/or prohibited areas (e.g., inside or outside of the unit and specific common areas); required restraints on and off the leased premises (e.g., on leash outside of unit or fenced yard); animal feeding issues (e.g., where allowed or prohibited and/or no food left outside overnight); and control regarding noise or other issues of potential concern to others.
The amount of any pet deposit (potentially refundable if it’s called a deposit), the amount of any monthly rent surcharge, or any other cost related to an animal that is allowed in the state where your rental is located, including whether it is a total animal charge or a per animal charge, should be disclosed.
The warning that having unauthorized animals will result in a higher rent from the date when animal was brought onto the property or from the date of commencement of the lease, and/or to an additional deposit, and that repeated violations will be grounds for lease termination.
Providing a copy of the lease agreement (and pet addendum if a separate document) itself attached to the application form will avoid the need for a separate information package and will provide advance notice of any special terms within the lease (e.g., HOA or tenant maintenance issues).
When an HOA is involved, its requirements and restrictions related to animals must also be considered and the applicants should be told that they will be responsible for fines imposed because of violation of HOA restrictions.
The lease agreement itself or a pet agreement addendum should cover in even greater detail the issues mentioned above.
Most “pet” owners have a cat or dog, sometimes birds, fish or other small mammals. Some pet owners have exotic pets, some of which can even be seriously dangerous. Accordingly, it may be better to use the term “animal” rather than the word “pet” in both spoken and written discussions regarding the issue in order to avoid arguments about whether or not a particular animal is a pet in the strictest sense. For example, farm animals such as chickens are not usually considered to be pets by adults who raise them to be eaten. Could this mean chickens on your rental property would not be covered by a landlord’s “pet policy?”
Whether one uses the word “pets” or “animals,” the necessary clauses can be totally within the lease agreement itself or in a separate “Pet or Animal Agreement” addendum referenced in the lease agreement document. The relevant clauses within the lease agreement might be titled “Pets” or “Animals” and a separate document containing those paragraphs might be titled “Pet Agreement” or “Animal Agreement.” However, it is probably better to always use the term “animal” in either place in order to avoid arguments about whether or not a particular animal is a pet in the strictest sense if the word.
Each landlord must decide the types of requirements and restrictions they wish to include in the lease documentation, with the degree depending on the location, type, and quality of the rental property and the landlord’s tolerance for problems. For example, an older single family home rental usually presents a lower risk of problems than a rental unit in an apartment complex or in a development having an HOA or even for a newer single family home.
Obviously, different categories of animals potentially create vastly different potential problems and types of damages – for example, fish compared to hamsters compared to certain breeds of dogs.
Accordingly, considering the number of issues that must be discussed and the number of different animal categories that must be covered, a good animal agreement will be lengthy. While the length of the agreement can vary significantly depending on the complexity of the animal policy desired by a landlord and the specific property, an adequate animal agreement, whether a section in the lease agreement or a separate document cross referenced with the lease, will likely be at least several pages in length.
All tenants, even if they do not initially have an animal, should be required to sign a lease document having an animal section or a separate animal agreement so that the tenants are aware of the rules and procedures if they decide they want to have an animal after moving in, whether or not they think that might happen. If the animal issue is not totally covered within the lease agreement, all occupants who sign the lease agreement should also sign the separate animal agreement whether or not they expect to ever have an animal.
The animal agreement should also state that no animal damage of any kind will be considered to be “normal wear and tear.” Clauses related to animals must be written so as to apply also to any visiting animals brought onto the premises by the tenants, minor family members, and guests or agents of the tenants. It is probably good practice to include a statement that prohibition does not apply to bona fide service animals.
Applicants should be informed about the value of having renter insurance and the fact that the cost of a policy is relatively low, particularly when provided by the same insurer that provides auto and other coverages for the tenant. In addition to being of benefit to the tenant, the fact that tenants have rental insurance can also benefit the landlord by reducing chances of disputes and unhappy tenants if there is damage to the tenant’s personal property from any cause or loss. The fact that the tenants have some liability insurance protection can also provide additional protection to the landlord. Because of these landlord benefits landlords might consider, if allowed by state law, requiring tenants to provide liability insurance that includes adequate liability coverages for tenant-owned animals, with the policy naming the landlord as additional insured.
Landlords should always prohibit any animals that are excluded from the liability coverage under their landlord insurance policy – e.g., dog breeds that are considered dangerous.
Adequately qualifying animals, restrictions on types of animals, and control requirements can reduce animal problems. Adequately qualifying applicants’ past rental history, both generally and specifically regarding their animals, can significantly reduce risks. Finally, additional rent, a separate pet deposit, other pet related financial items, as allowed by state statute, can help offset costs to repair pet damage that occurs despite the best efforts of the landlord and of the tenants themselves.