Your pet policy should be a required part of your lease, for all tenants to sign, whether or not they have animals. Tenants with pets will understand their obligations as an animal owner. Tenants without pets will view you as a responsible landlord with a thorough pet policy and will also understand the requirements if they decide to get a pet in the future.
Before signing any type of lease or pet policy with a prospective tenant, you will want to ask the tenant certain questions, meet their animal in person (specifically a dog or cat) and see how the tenant interacts with their animal. Animals are often bad because they have bad owners. If Fido was never reprimanded for using the carpet as a toilet, he will not know any better.Ask the prospective tenant:
- Where they got the pet.
- How long they have had the pet.
- How old the pet is.
- If the pet has caused any damage to property.
- If the pet has ever bitten any human or animal.
- Who will be responsible for caring for the pet.
- Who will care for the pet when the owner is not home.
- If the animal has the proper vaccinations and licenses.
You should see the animal in person before you allow it into your property to make sure it meets your standards. This is also done to see how the tenant interacts with the animal. If the prospective tenant exhibits no control over the animal, your apartment will likely suffer the same fate. Take a picture of the animal so you will have it on file with the rental application.
The Pet Policy*
If you are pleased with how the tenant and animal interact and decide to make your property pet friendly, the tenant will now have to sign your lease, which will include agreeing to the terms of your pet policy.
In writing, clearly define your pet policy, as well as the obligations of the pet owner.Charge a Refundable Pet Deposit:
In most states, you can charge a monthly pet fee or an additional deposit for tenants with pets. Check with your state, because it is illegal to charge additional fees for pets in some states. Do not charge fees or deposits for service or companion animals.
Some owners charge nonrefundable pet fees. In theory, this seems like a good idea, but in practice, not so much. If a tenant has already paid for the so called damage their pet will cause, they may be more lenient about controlling their pet in your property.
Instead, consider implementing a refundable pet deposit. Make it a large enough amount, $200 to $300, so the tenant will be concerned with getting their money back. Hopefully, the thought of losing money will be an incentive for the tenant to keep their pet well behaved.
Be sure to include the amount of the pet deposit in your pet policy and that it is refundable if the pet has not caused damage or problems in your property. You may want to include what you consider damage or problems. For example: Damage includes but is not limited to: stains on carpet, scratches on hardwood floor, damage to woodwork and walls, etc...*Specify the Pets You Will Allow:
- No-Pets Policy
If you have a no-pets policy, state that pets are not allowed under any circumstances and will be considered a breach of contract.
- Type and Number of Pets Allowed
You should specify the exact animals you will allow and how many of each. For example, dogs, cats, birds, fish, reptiles, rabbits, hamsters, gerbils etc. are common pets. There is no need to put a maximum number on fish allowed. For other pets, you can specify the maximum number/ limit. For example, you may only have 1 dog or cat; or a maximum of 2 hamsters; or no more than 2 birds.
- Dangerous Dog Breeds
You can ban dogs on the dangerous breeds list. This list will vary, so check with your insurance company. Dangerous breeds generally include Pit Bulls, Rottweilers, Doberman Pinschers, Chows, Akitas, Alaskan Malamutes, German Shepherds, Siberian Huskies, St. Bernard’s, Wolf Hybrids, and a mix of any of the above.
- Weight of Pet
If you do not want to ban specific dog breeds, you can instead instill requirements on height and weight. For instance, all dogs must be no more than 30 pounds, or no taller than 15 inches. This will allow you to still exclude most of the dangerous breeds without specifically banning them.
- Only animals you have specifically allowed.
Tenants cannot take in animals from friends or family. Make it clear you have to approve any animal that will live in the apartment.
- All pets will have the required shots, licenses and tags, including name tags. Check with your state to determine the vaccines and licenses required locally.
- All dogs will be on a leash at all times outside of the apartment.
- Other animals, such as birds and hamsters, will be appropriately caged.
- The tenant is responsible for cleaning up any “accidents” their pet has left inside the apartment, inside the building or outdoors.
- The tenant is required to pay for any damage their animal has caused.
- Require or advise (up to you) the tenant to get renters insurance with liability coverage.
- If any part of the pet agreement is violated, or the pet becomes a nuisance or a hazard to others, property management can require the pet be removed or can terminate tenancy. If only the pet is removed, this will have no effect on the validity of the signed lease agreement, which the tenant will still have to adhere to.
- State that you have the right to make changes to the pet agreement as long as you give proper notice, at least 30 days. This protects you in case, for example, you decide not to allow dogs in the future.
By defining your pet policy in writing from the very beginning, your tenants will understand what is expected of them as pet owners, as well as the consequences if they do not follow the rules.
*You should consult legal counsel to determine the appropriate wording for your pet policy.