Real Estate Tips |31 min read

Rental Pet Agreement: Everything That Landlords and Tenants Need to Know About Pet Policies

by Patrick Freeze

As more and more people become fur parents, pet-friendly rental properties are widely sought-after in many markets. Because of this demand, more and more landlords are considering becoming a pet-friendly rental. But do you know what exactly this entails? Whether you’re a landlord thinking about opening your property to pets, or a tenant wanting to know more about rental pet policies, here is a comprehensive guide covering everything that you need to know about pets in rentals.

Key Takeaways

  • A clear pet policy protects both landlords and tenants by outlining permitted animals, tenant responsibilities, fees, and consequences for violations.
  • Pet-friendly rentals can attract more prospective tenants, but landlords should weigh the benefits against potential risks such as property damage, noise, odors, and sanitation issues.
  • In Georgia, refundable pet deposits may be treated as part of the security deposit and are subject to applicable state security deposit requirements.
  • Pet screening should be consistent and objective, focusing on legitimate property concerns while avoiding discriminatory practices.
  • Tenants are responsible for properly managing their pets, including cleaning up waste, preventing property damage, controlling excessive noise, and following the lease.
  • Service animals and emotional support animals are not ordinary pets and may require reasonable accommodations under fair housing laws.

Table of Contents:

What Is a Rental Pet Agreement?

First, let’s talk about rental pet agreements. Coming from our experience in Atlanta property management, we know that the rental pet agreement essentially serves as the primary governing document that details how pets are properly handled and managed in a rental property setting. This establishes the rules, requirements, and policies regarding pet ownership that tenants need to agree to and comply with throughout the duration of their lease. Typically, rental pet agreements are written as part of the tenant-landlord agreement, or added as an addendum to the initial contract.

Here, the pet agreement also allows landlords to detail and identify specific qualifications and requirements for approval. For example, the pet agreement may address matters such as the allowed type, breed, size, and number of pets permitted per household, vaccination and licensing requirements, pet fees, and more.

Taking this into consideration, it is extremely important for both tenants and landlords to pay particular attention to the rental pet agreement. Simply put, the pet rental agreement establishes the expectations regarding pet ownership and the possible consequences or penalties in case of a pet-related lease violation. For landlords, a good pet agreement is clear, concise, and specific, which is key to minimizing misunderstandings and potential disputes. At the same time, tenants should also understand the different pet rules and policies that apply to the rental property to ensure compliance.

Benefits of Being a Pet-Friendly Rental

Now that we’ve briefly touched on the topic of rental pet agreements, let’s take a small step back and look at the reasons why landlords should consider opening their rental doors to tenants with pets. If you’re still undecided, the first step is to know the benefits of becoming a pet-friendly rental property to gain a better understanding of what you can expect with this strategy.

In-demand Market

One of the biggest advantages of pet-friendly rentals in today’s housing market is that they are highly in demand. First, pet ownership in the U.S. is experiencing a steady rise, with roughly 66% of households nationwide owning a pet. On top of this, a recent survey revealed that roughly 90% of renters are pet owners, and more are planning to become one in the near future. These numbers support the notion that pet-friendly rentals are in demand and will continue to be in demand.

Attract a Larger Tenant Pool

pet-friendly rental propertyIn relation to demand, being a pet-friendly rental property also provides you with a larger tenant pool. Simply, having a no-pet policy can immediately eliminate potential tenants who own pets. And considering how pet owners typically treat pets as family, it’s quite unlikely for them to opt for a rental that will refuse to include their beloved fur buddy.

Potential for Higher Income

For landlords, being a pet-friendly rental brings more than just demand. Depending on the market and applicable laws, landlords may be able to charge pet-related fees or rent, which can help offset some of the additional costs associated with allowing pets.

Possible Longer Tenancies

Going back to the fact that pet-friendly rental properties are high in demand, tenants who are able to secure a lease in one are usually eager to renew their leases to maintain their living situation. Now, for landlords, this could have several benefits. One is that your property will most likely have fewer vacancies. This, in turn, will allow you to avoid the hassle, risks, and costs that come with vacant rentals.

But aside from this, another possible advantage of this situation is that you have more leverage during the lease renewal process. Considering how valuable pet-friendly rentals are in today’s market, you have more leeway to increase rent during renewal, and tenants may be more willing to accept.

Better Tenant-Landlord Relationship

Apart from the financial benefits of being a pet-friendly rental, landlords may also experience better relationships with their tenants. Research suggests that adopting pet-friendly policies helps facilitate positive interactions and create favorable relationships with pet-owning tenants.

Reduced Marketing Costs

Allowing pets may also make a rental appealing to a broader group of prospective tenants, potentially reducing the time and resources needed to fill a vacancy. See, even when a unit becomes vacant, the demand for pet-friendly properties can push advertisements forward and even attract more applicants. Because of this, not only are you spending less on marketing, but your property also spends less time on the market, further cutting down your turnover costs.

Challenges and Risks of Allowing Pets in Your Rental Property

We’ve talked about the perks and advantages of being a pet-friendly property. But what about the possible challenges, drawbacks, and risks often associated with it? As a landlord, knowing these can provide you with valuable insight into what you’re really getting yourself into and how to prepare for such circumstances. With this in mind, let’s take a look at the possible challenges and risks that landlords may face when allowing pets in their rental properties.

Property Damage

When it comes to pets in rental properties, one of the biggest concerns that landlords and property owners have revolves around possible property damage. This is primarily because the likelihood (or unlikelihood) depends on the temperament of the animal and how well the pet owner can handle them. For example, one unit may experience little to no pet-related damage, while the other has chewed furniture, deeply scratched floors, and stained carpets.

As a landlord, certain damages may be expected and can be covered by imposed fees and deposits. However, in some cases, pet-related damage can be significantly more costly, such as completely replacing flooring, repainting walls, repairing doors, or treating persistent odors. When this happens, your repair and maintenance costs will go up, and the overall upkeep of your property may suffer.

Noise and Nuisance Complaints

Another possible challenge with allowing pets in your rental property is the noise and nuisance issues that come with it. Some dogs bark excessively, cats fight, and even birds can squawk or screech loudly. Depending on the type of property, persistent noise can negatively impact neighboring units or properties and disrupt their day-to-day living experience. This is especially significant in multifamily rental properties where noise travels through shared walls, ceilings, and floors, affecting more and more people. Such issues may not only lead to a bad tenancy experience, but can also cause conflict between residents.

Odor and Sanitation Issues

Aside from noise, there is also the possibility of odor and sanitation issues. Again, depending on how tenants handle their pets, cleaning after their pets and waste disposal can be a huge issue that may affect not just neighbors, but the overall habitability of your property. For example, failing to clean up pet waste, repeated indoor accidents, strong odors from litter boxes, and even flea or pest infestations can affect neighboring tenants. On top of this, addressing such sanitation issues may require additional cleaning costs and, if needed, pest control services.

Liability Concerns

Allowing pets in your rental property can also create liability concerns in case the animal injures or harms another, whether an animal or a person. For example, a dog in the complex’s shared garden attacked another pet or bit a visitor. Or it can also be as simple as a running pet causing someone to trip, fall, or slip and injure themselves. Depending on the circumstances, an animal-related injury on the property could create liability concerns and may result in medical expenses, insurance claims, or legal disputes.

Unauthorized Pets

Then, there’s the matter of unauthorized pets. For example, a tenant may initially move in without a pet but later decide to keep one without the landlord’s consent or approval. Or, a tenant may be temporarily caring for someone else’s pet and argue that the animal is not theirs and therefore does not qualify as a pet. Unauthorized animals may create additional property, insurance, and liability concerns because the animal has not been addressed through the property’s normal pet approval process.

Increased Wear and Tear and Maintenance Needs

In general, having pets in the property usually demands greater maintenance and upkeep. For one, pets contribute to the property’s wear and tear, leading to faster deterioration – from scratched floors, surfaces, upholstery, and even furniture to pet dander putting more stress on the HVAC system. Addressing these would require more frequent and extensive maintenance to ensure that the property is well kept.

How to Create a Comprehensive Pet Rental Policy

Taking into consideration the potential risks and challenges that come with being a pet-friendly rental property, it is up to you to find ways to protect your property and your business as well. This is where pet policies come into play. Essentially, pet rental policies detail specific rules, guidelines, and requirements that help maintain order and establish the expectations for both tenants and landlords. With this in mind, let’s go over some tips on creating a comprehensive pet rental policy to address potential pet-related risks.

Decide if pets are allowed

dog alone in apartmentFirst and foremost, the very first step in creating a pet rental policy is for you to establish whether pets are allowed and under what conditions. As a landlord, you have the discretion to decide and choose specific pet rules. For example, you can choose whether to allow all reasonable household pets or to limit it to certain types of pets.

Similarly, you can also establish a limit on the number of pets per household, as well as certain restrictions regarding size and weight. Usually, landlords take into account certain factors in this decision, such as the property type (multifamily vs SFRs), insurance requirements, community rules, and their overall ability to handle potential pet-related concerns and risks.

If you happen to allow pets but under certain conditions, it is crucial that your pet policy clearly defines what qualifies as an approved pet. In particular, your policy should provide specific information about the rules on the type of animal, number of animals per household, size or weight, age, breed (where legally and appropriately applicable), and more. Aside from these, you can also impose restrictions on indoor and outdoor pet activities, as well as clarify whether exotic or unusual animals are permitted.

Here, it is crucial to be detailed and use specific language instead of vague descriptions and statements. For example, instead of stating that “small pets are allowed,” which could be up for interpretation (and misinterpretation), your policy should provide the specifics to avoid disputes and even discrimination claims.

Create standard pet screening criteria

Now, if you do establish specific qualifications for a pet to be accepted, you also need to have standard pet screening criteria and an approval process. For landlords, this is where you’ll be able to assess pets individually, learn their information, and evaluate their behavior and temperament before deciding to accept or reject their application.

However, a key element during this process that landlords need to be particularly mindful of is consistency. Pet screening criteria should be applied fairly and consistently to ordinary pets. However, assistance animals are not considered pets under fair housing laws and should be evaluated separately under applicable reasonable accommodation requirements. During this step, it’s crucial that you explain to your tenants that their application may be rejected or denied if their pet does not meet the requirements and does not pass the screening.

Provide rules regarding pet behavior

Another aspect of responsible pet ownership that landlords need to look at during the screening process is the animal’s behavior. It’s important to emphasize that tenants are responsible for controlling their pets and therefore should ensure that they can prevent their pets from causing trouble or nuisance that may disrupt other people’s living experience.

Taking this into consideration, the pet policy must establish rules regarding excessive and disruptive noise, aggressive behavior, lease requirements, supervision, use of common areas, pet waste, interactions with other animals or residents, and more. But more importantly, this section should also explain the possible consequences and penalties for violating these rules.

Detail tenant responsibilities over pet-related damage

Aside from pet behavior, rental pet policies should also address another common risk, which is property damage. While a certain degree of pet-related damage may be expected, your pet policy should account for excessive wear and tear, such as deeply scratched flooring, damaged doors, chewed trim, persistent odors, and even damaged landscaping. Laying these out and explaining your tenant’s responsibilities on the get-go can help establish expectations and avoid misunderstandings later on.

Clearly explain pet fees

In pet-friendly rental properties, pet fees are one way landlords may account for some of the additional costs and risks associated with allowing pets. Now, there are different kinds of pet-related fees, such as pet rent and pet deposit, that some tenants may not be particularly familiar with. To avoid any confusion, a comprehensive pet policy should define what these fees are, their differences, and their purpose. We’ll explain more of that below.

Provide guidelines for cleaning and maintenance

Another aspect of pet ownership that often gets overlooked in rental policies is the tenant’s responsibility for cleaning, maintenance, and upkeep. Considering that pets typically create additional cleaning and maintenance concerns, it’s important that your pet policy establishes the expectations from tenants. For example, explicitly state that tenants are required to clean up pet waste promptly, keep litter boxes sanitary, maintain sanitary conditions, address fleas or pest infestations, and the like.

Define temporary and unauthorized pets

A common gray area in rental pet policies is temporary or visiting pets. See, even if a rental property is pet-friendly, proper documentation is still needed in case a tenant acquires a pet in the middle of their lease, regardless of whether it’s temporary or not. The same goes for unauthorized pets that your tenant may have without your knowledge. Essentially, the lack of clear language regarding these situations may put you at legal risk and liability.

With this in mind, a comprehensive pet rental policy should specify whether short-term pet visits are allowed and if overnight pet guests require approval. It should also address cases where a tenant acquires a pet in the middle of the lease and the process involved in screening such pets.

Can Landlords Require Pet Liability Insurance?

One commonly disputed part of the pet policy in rental properties is a landlord’s pet insurance requirements. But what is it exactly? Pet liability coverage can provide financial protection when a pet causes bodily injury or property damage. Depending on the insurer, this coverage may be available through a renters insurance policy or another liability policy. Taking this into consideration, some landlords impose a pet insurance requirement in their screening process.

But are landlords legally allowed to do that? The short answer is yes. While there is no federal or state law that requires tenants to have a renter’s pet insurance policy, landlords and property managers are legally allowed to include it as a requirement in their lease contract. The most common scenario is that landlords require pet owners to have pet liability coverage in their renter’s insurance as a lease term. Therefore, failure to comply may result in the disqualification or dismissal of the tenant’s application.

However, landlords should be careful about applying standard pet insurance requirements to qualifying assistance animals and should evaluate reasonable accommodation requirements separately.

What Is a Pet Fee and How Does It Work?

Now that you have a better understanding of what rental pet policies are, let’s take a look at one of the key elements involved in this agreement, which is the pet fee. As we’ve mentioned earlier, the pet fee is one of the ways that landlords can benefit from being a pet-friendly rental, as it can become another source of revenue. But what is it exactly?

In the simplest terms, a pet fee is an additional charge that landlords may require for allowing a pet in their rental property. Generally, the primary purpose of the pet fee is to cover the added operational and administrative costs of pets in rentals, as well as account for the common risks associated with them. Usually, the pet fee is a one-time, nonrefundable payment that is needed before you and your pet officially move into the property. This is how it typically works.

First, your pet must pass the screening process and be officially approved based on the landlord’s pet screening criteria. This involves passing the behavioral tests, meeting all applicable requirements, and validating all pet information. Once approved, the lease or pet addendum should clearly indicate what the pet fee is, what it’s for, and whether or not it is refundable. In particular, the policy should state the exact amount and when it’s due in order to avoid confusion or disputes.

Pet Rent vs Pet Deposit: What’s the Difference?

Aside from the pet fee, there are other charges and fees that landlords often include in their pet policies – the pet rent and the pet deposit. While some may confusingly use these interchangeably with the pet fee, these two are specifically different in purpose and treatment under certain regulations and lease policies.

Let’s start with pet rent. As the name suggests, pet rent is a monthly fee that tenants have to pay for having pets with them in the rental. Unlike the pet fee, which is a one-time payment at the beginning of your lease, the pet rent is a recurring monthly charge that tenants have to pay on top of their own rent.

Now, depending on the terms of your lease’s pet policy, pet rent may be charged on a per-pet basis or a single fee regardless of the number of pets that you have. In other cases, the landlord may even have different pet rent rates depending on the type of pet that you have. With this in mind, it’s crucial that you review the lease to clarify the specific terms applicable to your case.

Then there’s the pet deposit. Similar to the pet fee, the pet deposit is another one-time payment that tenants provide at the start of their lease. But what is it exactly for? Basically, this deposit is meant to cover the cost of major repairs and maintenance for pet-related damage at the end of the lease. However, a key factor that comes into play here is that the pet deposit is only meant to cover pet damage that is considered beyond normal wear and tear.

Normal wear and tear generally refers to deterioration that occurs through ordinary use over time, rather than damage caused by negligence, abuse, or misuse. Pet-related damage beyond normal wear and tear may include deep scratches or gouges, significant carpet stains, persistent odors, or damaged doors or trim.

Still a bit confused? Here’s a quick summary of the pet fees, pet rent, and pet deposit to summarize:

Pet Fee Pet Rent Pet Deposit
One-time charge associated with allowing a pet in the property Recurring monthly charge for an approved pet Money held as security for potential pet-related damage
Usually nonrefundable Usually nonrefundable Can be  returned if not used for any repair at the end of the lease
The lease should clearly state whether it’s nonrefundable or not. Treated as an ongoing rental charge rather than a deposit Can only be used for damages beyond normal wear and tear

Tips for Conducting Pet Screening for Your Rental

So far, we’ve covered the different fees commonly involved in rental pet agreements. Now, let’s take a look at another key aspect of pet-friendly rentals that both landlords and tenants need to pay close attention to. We’re talking about the pet screening process, which is essentially how landlords and property managers assess pets and approve them for the rental. Here, landlords aim to evaluate if a pet is appropriate for the rental property, as well as establish the expectations for pet ownership before the tenant officially moves in.

To start, what is the pet screening process? The easiest way to explain this is that the pet screening works as the background check for the pet. It aims to provide insight into its suitability for the rental property, ensuring that it will not be a cause of disturbance that may affect other people’s living experience. Usually, this process happens alongside the tenant’s screening process.

Keep in mind that standard pet screening rules may not apply to assistance animals. Instead, landlords should review these requests individually and follow applicable reasonable accommodation requirements. But to give you a better idea of how this procedure works, here are some tips and strategies on how to screen pets effectively and efficiently.

Learn the pet’s basic information

Generally, the first step of the pet screening process begins with the pet’s basic information. This includes the name, species, breed or type, age, approximate weight, and more. This is also the time that tenants may indicate the number of pets they wish to bring to the property and provide background on prior housing history with a pet, if there’s any. This will provide you with a general overview of the pet that you’re about to screen.

emotional support animal Take note of the pet’s behavior

One of the biggest factors that landlords and property managers consider is the pet’s behavior. Primarily, you want to ensure that the pet will not pose any harm to others and your property. To do this, you want to look for potential red flags, such as bared teeth or growling, which may be considered signs of aggression. Also, evaluate how well the pet owners control their pet’s behavior. Basically, you want to test whether the pet is adequately house-trained and whether the owners can handle their pets indoors and outdoors.

Consider the property’s physical characteristics

Aside from the pet itself, you also need to take into account the characteristics of your property. As the landlord, you have the right to create specific pet rules and policies based on reasonable property-specific limitations or restrictions.

For example, if you are renting out a small studio apartment in a multifamily complex, then it may not be ideal to allow large pets due to the limited space. At this stage, take a look at factors such as the size of the property, flooring materials, shared entrances, elevators, and hallways, proximity to neighboring units, outdoor space (or the lack thereof), community amenities, and the like. These can help you determine if the property and the pet are a good fit. However, remember that these types of standard pet restrictions may not apply to qualifying assistance animals.

Apply pet screening criteria fairly and objectively

When it comes to pet screening, one of the most important things that landlords and property managers must remember is to ensure that their procedure, criteria, and policies are implemented consistently, fairly, and objectively. This means that you need to avoid basing decisions on stereotypes and assumptions. Instead, you need to stick to your established objective criteria that are directly connected to legitimate property-management concerns.

At the same time, it is crucial to stay informed and up to date regarding applicable laws and regulations regarding pet screening and pet ownership, particularly when it comes to service animals. We’ll talk more about that later in this article.

Tenant Responsibilities When Renting With a Pet

So far, we’ve covered pet-friendly rentals from the perspective of the landlord or property manager. But what about the tenants? As a renter and a pet owner, tenants hold a great responsibility for their pets – from ensuring that they are adequately trained to maintaining an orderly and sanitary environment. To give you a better idea of what the expectations from tenants are in pet-friendly rentals, here’s a review of the most common responsibilities tenants have when renting with a pet.

First and foremost, tenants are expected to understand and abide by the rental’s pet policy. From the get-go, you need to ensure that your pet complies with approval requirements, such as the type of pet as well as size or weight restrictions. Aside from this, tenants must also follow the rules on pet-related activities, including leash requirements, proper waste disposal, noise restrictions, and the like.

Speaking of noise, tenants are also responsible for keeping their pets under control. This involves house training to avoid excessive barking, aggressive behavior, and other disturbances. Tenants are also expected to take the necessary steps to maintain order when outside or in shared community spaces to prevent accidents, property damage, conflict, or injury.

Similarly, tenants are also required to clean up after their pets, both indoors and outdoors. Generally, pet waste is expected to be removed promptly and disposed of properly. This will help maintain sanitary conditions as well as prevent persistent odors, pest infestations, and other sanitation issues.

Then, there’s the matter of pet-related damage. Essentially, tenants are financially liable for property damage caused by their pets that is beyond normal wear and tear. In line with this, tenants should also take actionable steps to prevent destructive behavior, such as leashing their pet when outside or even something as simple as trimming their nails regularly to avoid scratching.

Aside from taking care of your pet, tenants also carry certain responsibilities related to their lease agreement. First, you can’t assume that you can bring another pet just because your pet has passed the screening process. Additional pets need to go through their individual assessment and obtain approval before being allowed on the property.

In addition to this, another major responsibility tenants have for having pets is that they must pay the required pet charges promptly. Whether it’s the pet rent or pet deposit, you need to get your finances and records in order to ensure on-time payments.

Lastly, tenants share the responsibility of reporting any pet-related issues immediately so that they can be addressed and handled promptly and accordingly. For example, notify your landlord in case your pet has caused significant damage to the property (whether indoors or outdoors), you notice a pest infestation, and the like.

What Happens If a Tenant Violates the Pet Policy?

Now that we’ve established that tenants hold a significant level of responsibility over their pets when renting, this brings us to a crucial question: What happens if a tenant violates the pet policy? Well, the possible consequences of violating pet rules depend on several factors.

First, there’s the severity and frequency of the violation. Then, there are also the lease terms and conditions, how it’s written, and specific penalties stated in the contract. Lastly, landlords also need to account for applicable regulations and policies – from community rules to state or federal laws. With this in mind, let’s take a closer look at what happens when a tenant violates the property’s pet rules and regulations.

Starting off, the first step that landlords need to take when it comes to handling a potential tenant violation is to review the lease. Here, you need to pay particular attention to the lease’s language, coverage, and provisions in order to align your response and address possible remedies.

Next, you need to make sure that you document everything about the violation. Specifically, document any written tenant complaints, photograph property damage, and the like. This is crucial to avoid disputes and protect you from legal claims.

With your record on hand, the next step you need to take is to reach out and communicate with your tenant, usually with a pet violation notice. This gives you the opportunity to learn more about the issue at hand, as well as give your tenant the chance to address the problem and explain the situation. Depending on how your correspondence goes, your lease’s terms, and applicable laws, you may offer your tenant the opportunity to cure the violation before further legal action is taken.

If a tenant fails to correct a valid pet-related lease violation, the landlord may have grounds to pursue lease enforcement remedies, which could include termination or eviction depending on the lease terms, the nature of the violation, and applicable law.

What Should Tenants Do If They Receive a Pet Violation Notice?

Now, what about the steps that tenants need to take when they happen to receive a pet violation notice? Essentially, the process is relatively the same. First, review your lease and identify the exact policy or rule that you’re believed to have violated. In case you have concerns about the notice, you can also reach out to your landlord or property manager to clarify the issue. Similarly, ensure proper documentation throughout the process in case of disputes. Then, if given the chance, correct the violation as soon as possible to avoid further legal action.

Pets vs Service Animals vs Emotional Support Animals (ESAs): Rules and Regulations

When it comes to pet agreements and pet-friendly rental management, one of the most important factors that landlords and property managers need to learn and understand is the difference between a pet, a service animal, and an emotional support animal (ESA).

Person petting emotional support dogWhy? Simply put, these have different meanings under federal and state regulations and are protected according to certain laws. With this in mind, it is crucial for both landlords and tenants to understand the key differences between these three classifications and how this influences rental pet policies and tenant rights.

Let’s start with what is considered an ordinary pet. Generally, a pet is an animal that someone keeps for the purpose of companionship or enjoyment. Some of the most common household pets nowadays include dogs, cats, birds, fish, and rabbits. Usually, ordinary pets are domesticated animals, but there may still be some occasions where a tenant has exotic pets, such as snakes, lizards, hedgehogs, chinchillas, tarantulas, etc.

Now, it’s with service animals and emotional support animals that the classification can be a bit complex and confusing. Following the Americans with Disabilities Act (ADA), service animals refer to those that are individually trained to perform specific work or tasks designed to aid a person with a disability. For example, service animals are trained to guide a person who is blind, alert a person who is deaf to sounds, retrieve items for a person with mobility-related disability, and the like.

Then, there are emotional support animals. Here, the distinction is that ESAs provide disability-related emotional support or assistance, such as with anxiety and PTSD attacks. However, one of the common misconceptions about service animals and emotional support animals is that these are one and the same. That is not entirely the case.

Assistance Animals and the Fair Housing Law

This is particularly crucial when we look at pets, service animals, and ESAs under Fair Housing regulations. Essentially, Fair Housing laws require landlords to provide reasonable accommodation to tenants with a service animal or ESA. Under such circumstances, the HUD’s Fair Housing Act guidance states that service animals and ESAs are not considered ordinary pets, and therefore enjoy certain protections. This includes:

  • Reasonable accommodation may involve waiving “no-pet” policies for their rental property.
  • Pet fees, including pet rent and deposits, generally cannot be charged for qualifying assistance animals.
  • Breed, size, weight, and other restrictions may not apply.

For landlords, this distinction is particularly important because a property’s ordinary “no pets” policy may not automatically prohibit a qualifying assistance animal. Housing providers generally cannot deny housing simply because someone requests a qualifying assistance animal. However, each accommodation request should be evaluated individually, as there may be limited circumstances where a request can be denied.

However, HUD changed its federal enforcement approach in May 2026. Under the new policy, HUD’s Office of Fair Housing and Equal Opportunity is focusing its enforcement of animal-related reasonable accommodation cases on animals trained to provide disability-related assistance. This means HUD generally will not pursue these complaints when they involve untrained emotional support animals.

Still, this change doesn’t necessarily mean that ESAs or other untrained assistance animals have lost all legal protections. HUD’s enforcement policy does not amend the Fair Housing Act itself, and private legal claims may still be possible. State and local fair housing laws may also provide additional protections. Because of this, landlords should continue evaluating accommodation requests individually and consider applicable federal, state, and local requirements before denying a request or applying standard pet rules, fees, or deposits.

FAQs About Pet Agreements in Rental Properties

At this point, it’s safe to say that rental pet agreements and policies can, at times, be tricky. So, before you allow pets in your rental, or formally sign your lease, let’s review some of the commonly asked questions about rental pet policies.

What do landlords consider pets?

Generally, landlords consider common domesticated animals as ordinary household companion pets. The most common examples are dogs and cats. However, there are also less common pets, such as fish, rabbits, turtles, hamsters, and even birds. Usually, whether or not the animal type is allowed in a rental property depends on your lease agreement and applicable pet policy.

What is the typical pet deposit for rentals?

There is no standard amount for the pet deposit, and the amount can vary widely from one landlord to another. However, pet deposits in rentals usually range from $200 to $500, which are fully refundable if there are no pet-related repairs needed at the end of the lease.

Can landlords charge pet fees for service animals or ESAs?

Following federal regulations on assistance animals, landlords generally cannot charge pet fees, such as pet rent or pet deposits, for qualifying assistance animals. This is because assistance animals are not considered pets under the Fair Housing Act. However, tenants may still remain responsible and liable for pet-related damages and risks, when permitted by law.

Can a landlord deny an assistance animal?

Generally, a no-pet policy does not by itself allow a housing provider to deny a reasonable accommodation request for a qualifying assistance animal. Following the fair housing regulations, tenants with disabilities may be entitled to a reasonable accommodation, which may include allowing an assistance animal into the property.

Make Pet-Friendly Property Management Easier With BMG

Choosing to welcome pets in a rental property comes with perks and certain drawbacks. So, if you don’t have a complete understanding of what rental pet agreements are and how such policies work, you might find it difficult or overwhelming in the long run. Now, this is where we at Bay Property Management Group can step in. Our team offers a wide range of professional rental management services designed to streamline your operations and enhance cost-efficiency.

Whether you need help with tenant and pet screening or need an extra hand with pet policy enforcement, we’ve got you covered. Interest? Contact us today to learn more about our property management services.

Related Posts: