Rental properties and pets: navigating legal issues for tenants and landlords

Renting with pets introduces various legal considerations that landlords and renters must consider. A clearly defined pet policy can help serve as a protective measure for both parties. For landlords, a clear policy helps safeguard their property from pet-related damages and sets expectations for tenants. Renters can have peace of mind in understanding their rights and responsibilities with their pets without risking their tenancy. Here’s what to know about legalities for landlords and tenants when renting with pets.

👉 Are you a landlord? Check out our section about legal issues for landlords.

Renting with pets

Renting with pets can be challenging, leaving many pet owners frustrated. Pets are an extension of us. We form strong emotional bonds (Trusted Source) with them, and they contribute to our health. However, it’s important to acknowledge why landlords may hesitate to allow pets on their properties.

While we consider them family members, they can sometimes cause considerable damage. From replacing carpets to fixing doors and landscaping, landlords have to consider the cost of potential property damage. Additionally, there’s also the potential for legal liabilities, such as dog bites.

Most responsible pet owners recognize these issues and understand the balance between the joys of having a pet and the responsibility to ensure that damage doesn’t happen. But unfortunately, this adds another layer of concern for property owners.

Getting around a “no-pet policy”

While we aren’t letting you in on a secret loophole, nor do we endorse sneaking in pets, there are a few ways you can approach a no-pet policy.

• Pay a higher deposit. Paying more to cover the cost of potential damages up-front shows the landlord you’re a responsible pet owner willing to cover the costs.
• Make a pet resume. Showing that your pet is well trained, up to date on their vaccinations, and spayed or neutered could go a long way with a landlord. Invite them to meet your pet and let them see all of their best qualities.
• Get insurance. A pet liability insurance policy can help show your landlord that you’re a serious and responsible pet owner. This type of insurance policy upfront gives landlords peace of mind, knowing there won’t be financial surprises for pet-related damage.
• Register them as an emotional support animal (ESA). Registering your pet as an ESA must be done through a reputable organization. However, some landlords may make exceptions with a valid emotional support letter. While ESA animals don’t require training like a service animal might, it’s still important for your ESA to be well-behaved so that it represents the ESA community positively.

👉 If you’re new to apartment living with a pet, check out our article on how to be a good neighbor in an apartment complex.

Consider your legal obligations

The unfortunate truth is that some breeds, such as Pit Bulls, face prejudice when renting. This may lead to higher rent or require you to have pet bite or liability insurance. Regardless of the breed, having insurance protects you from potential financial liabilities if an incident occurs.

In addition to liability concerns, many landlords require pet deposits to cover minor damages. These deposits may be refundable or non-refundable and may not be sufficient to cover more significant damages.

For example, a $1,500 deposit won’t come close to covering $10,000 in repairs if your pet severely damages the apartment. Knowing your obligations as a pet owner means being prepared to address any substantial damages and possibly be held legally responsible for excess costs. Pet liability insurance can keep you and your pet protected.

Landlords can legally say no

Landlords have the legal right to refuse pets, regardless of how well-behaved or loved your pet may be. No amount of persuasion can override this, and attempting to sneak a pet into a property can lead to serious legal issues, including eviction.

Federal laws do offer some protection for emotional support animals under the Fair Housing Act. In these cases, landlords must make reasonable accommodations for tenants with ESAs, even if their property has a no-pet policy. However, you may need to provide documentation or a letter from a licensed medical professional that supports your need for an ESA. You can have multiple ESAs, but your landlord may request documentation that verifies the need for multiple ESAs.

If you have a pet but feel you are being turned down due to discrimination for something like religion rather than a no-pet policy, you may want to speak to a lawyer. Under the Fair Housing Act, it is illegal to discriminate based on religion, (Trusted Source) race, sexual orientation, or disability.

Legal issues for landlords

Renting to tenants with pets can be just as frustrating and complex for landlords. While pets are loved by their owners, they can be unpredictable, posing a risk to public safety and causing significant property damage.

Renting to pet owners is a gamble many landlords are hesitant to take. With the increasing number of pet owners and the recognition of their importance for mental health and well-being, having a no-pet policy can be challenging to uphold.

Pros and cons of allowing pets

Allowing pets on your rental property has benefits and drawbacks that landlords need to carefully weigh. Here are some pros and cons of renting to pet parents.

Pros

• Increased rent. Landlords can typically charge more for renters with pets, increasing your total rental income.
• More demand. By allowing pets, you can dramatically increase your pool of tenants by attracting those with and without pets. This is especially true in areas without many pet-friendly housing options.
• Longer tenure. If it’s a good fit, pet owners are more likely to renew their lease. A study done by Firepaw found that tenants’ length with pets was 46 months compared to 18 months without pets.
• Responsible tenants. Being a pet parent requires a lot of responsibility, attention, and time. This can result in more responsible tenants who treat your property with the same amount of attention and respect.

Cons

• Increased liability. As the landlord, you may be held liable if your tenant’s pet bites or injures someone.
• Potential damage. Pets can be unpredictable at times, causing damage to the property through scratching, staining, and chewing. An increased security deposit can make up for this potential damage.
• Noise complaints. Even though it should be a given that you’ll experience noise living in an apartment, pets can take the blame. Noise will happen with pets, and it can be hard to manage. It can disturb some tenants, who will inevitably file a noise complaint.
• Violation of leases. Without a policy in place, some tenants will sneak pets in any way, leading to legal issues.

Making changes to existing pet policies

If you’ve purchased a rental property and want to revise an existing pet policy, you can include a clause in your lease by adding a pet addendum (for those without existing pet policies). You can also use a lease amendment to modify or change an existing lease.

Another option is to implement a grandfather clause that allows current tenants to keep their pets under the old rules—even if a new policy imposes stricter regulations. This ensures current tenants aren’t forced to give up their pets but requires new or future tenants to comply with updated policies.

Screening pets for rentals

When considering whether to rent to a tenant with a pet, it’s entirely reasonable to conduct a thorough screening process to vet the potential tenant’s responsibility. An initial evaluation can help you determine if the tenant is a good fit for the property. Checking their references and meeting the tenant in person can give you insight into their reliability, how they are as a pet owner, and if their pet is well-behaved and well-cared for.

• How long will the pet be left alone? While cats are typically fine being left overnight, dogs shouldn’t be left alone for more than 8 hours at most. Pet parents should have a plan for dogs needing daily walks.
• Does your pet get regular exercise? Regular exercise is crucial for a pet’s physical and mental well-being. A well-exercised pet is likely going to be calmer and less destructive.
• Does someone look after your pet when you are away? Knowing that a pet owner has a plan in place for their pet’s care when they’re absent can indicate they care for their pet’s well-being.
• Is your pet spayed or neutered? A spayed or neutered pet eliminates the chance of procreation if they get loose. This can signal that they are a responsible pet owner. (Trusted Source)
• Do you use flea control or protective measures against parasites? Flea and parasite treatments help limit the spread of infestations that could spread to people and animals. This can be a sign of a responsible pet owner who takes their pet’s health and the health of others into consideration.
• Has your dog had training? A pet with obedience-type training is likely to be more well-behaved. They might listen to their owner better, respond to commands, and be easier to manage.

After screening potential tenants, provide a copy of the pet policy, even to those without pets, to ensure everyone is aware of the expectations. Clearly state that only approved pets are allowed on the property and that you reserve the right to ask tenants to remove their pets if they fail to comply with established rules. Also, include a clause that allows you to amend the policy with reasonable notice so you can adapt your policies as needed.

Features of a good pet policy

Both landlords and renters benefit from understanding the features of a good pet policy. A well-crafted policy outlines the expectations and responsibilities of pet owners. Clearly addressing allowed pets and breeds, size restrictions, tenant responsibility, required fees, and rules regarding pet behavior helps prevent misunderstandings and conflicts.

The pet agreement is part of the lease

Including a pet agreement as part of your lease proactively covers you and your property even if tenants without pets decide to get one in the future. Doing this makes it clear that their tenancy is contingent on following these rules. It also prevents surprises or misunderstandings down the road since all tenants are fully aware of the pet policy from the outset.

Require all tenants to sign the pet agreement, regardless of whether they have a pet at that time. Make sure everyone is aware of the rules and expectations, protect your property from potential damage, and maintain a consistent and fair policy for all tenants.

Outline what pet types are allowed

When adding a pet agreement, clearly define the types of pets allowed, any limitations, and rules that tenants need to follow. Some key elements to add include the following:

• Domestic pets only. Allow only common domesticated animals like dogs, cats, birds, fish, guinea pigs, rabbits, hamsters, gerbils, and small reptiles. Limiting the types of animals allowed on the property can make it easier to manage.
• Weight and size limits. Specify weight limits for dogs, such as under 50 pounds. This can help reduce potential damage and restrict the size and breeds you allow.
• Tenants’ pets only. Make it clear that pets owned by the tenants are only allowed in the rental unit. Prevent ambiguity by prohibiting tenants from caring for others’ pets in the apartment. Additionally, you’ll want to decide whether visitors can bring pets onto the property.
• “Aggressive” breeds. Ban certain dog breeds considered “aggressive.” While the danger of specific breeds is debatable, landlords can legally prohibit them. Check with your insurance provider too, since some companies refuse coverage if certain breeds are allowed onto the property.

Despite the fear surrounding “aggressive” breeds, science has proved that behavior is not solely due to breed. A study found that only 9% of a dog’s breed explains their behavior. (Trusted Source) A dog’s behavior is influenced by various factors beyond breed—like genetics, environment, upbringing, socialization, and training, as well as owners’ perceptions of breeds.

“Aggressive” breed bans are not the best approach to determining what breeds to allow onto your property. Another study found that Chihuahuas bit vets the most, with Lhasa Apsos inflicting the worst injuries.

Only approved pets are allowed

Allowing only approved pets on your rental property protects both you as a landlord and your tenants. This policy makes sure that every pet in the complex is evaluated and deemed suitable, minimizing the risk of damage, noise complaints, or aggressive behavior. For tenants, this means their own pets are less likely to be exposed to unapproved animals that may pose a threat.

Tenant responsibility

Tenant responsibility includes several things that come with being a responsible pet owner. Tenants should keep their pets under control at all times and clean up after them, both inside the apartment and in all common areas.

Tenants should also agree not to leave their pets outdoors or unsupervised for extended periods. This helps protect tenants and prevent conflicts between them and their pets. Landlords might also consider requiring tenants to have renters’ liability insurance for pets, which covers damages or injuries they cause. This additional layer of protection can reduce risks and ensure that accidents and incidents are addressed.

Up-to-date licenses and vaccinations

Your pet policy should also require proof of up-to-date vaccinations for the safety and well-being of other pets and tenants. Additionally, you can require certifications, such as the AKC’s Canine Good Citizen (Trusted Source) certification. If this is not feasible, a trainer or daycare facility reference can vouch for a dog’s behavior.

Reasonable pet charges

It’s common for landlords to charge a pet fee in addition to standard move-in costs and ongoing rent. It’s typically intended to cover the added wear and tear that pets can cause to a rental. Before implementing fees into your pet policy, be sure to consider these factors:

• Legality of the fee. In some states, there are legal limits on the total amount you can charge as a deposit. If it reaches the state’s maximum, you can’t add a pet fee deposit. Research your state and local laws before imposing any additional fees.
• Type of fee. Usually, pet deposits are refundable to incentivize owners to prevent damage. However, non-refundable fees are considered a one-time payment to allow the pet in the rental. Consider which makes the most sense for your property, and clearly state the distinction so tenants understand.
• Reasonableness of the fee. Keep your pet deposits or fees reasonable. Excessive fees can deter tenants and may be challenged in court if considered unreasonably high. Keep it between $200 and $300 per year.
• Additional pet costs. Some landlords charge a “pet rent” on top of the monthly rent, deposits, and fees. This can help offset the increased maintenance costs of allowing pets onto the property. Make sure these are clearly outlined in your pet policy and that they are fair and justifiable.
• Exemptions. Service animals and ESAs are not considered pets since they are necessary for accommodating a disability. Keep in mind that as a landlord, you cannot charge a pet deposit or fee. Make sure your policy reflects this.

The final word on legal concerns with renting

Navigating the legalities of renting with pets involves considerations for both parties, from understanding state and local laws to setting fair pet policies and complying with lease agreements. Both tenants and landlords have a lot at stake.  Ultimately, it’s important to approach these issues with reason and understanding, whether you’re a landlord protecting your property or a tenant trying to find a pet-friendly home.

Frequently asked questions

When considering pet ownership, what responsibilities should renters keep in mind, especially in rental properties?

Renters with pets should consider pet behavior, cleanliness, supervision, damage, noise, and liability. It’s wise to have pet insurance and pet liability insurance in the case that an incident occurs.

What happens if your apartment finds out you have a pet?

Depending on your lease agreement, your landlord may have the right to charge a fine, remove the pet, or evict you. Read through and understand your lease’s pet policy thoroughly to avoid issues.

What is a grandfathered pet?

A grandfathered pet is exempt from having to comply with new rules. Existing pets are “grandfathered” if changes occur, but any new pets must adhere to the rules.

What can your landlord legally ask about pets when renting?

Your landlord can ask about their history, breed, size, behavior, training, and vaccinations. You can create a pet resume and have the landlord meet your pet to help show off their best qualities.

Can landlords ban pets from rentals that they own, even if the pet(s) have not caused any damage to the property?

Landlords have the right to ban pets on their rental properties. They also have the right to allow certain pets but not others, including the size, type, and amount.