What is a Pet Addendum?
A pet addendum is a key document that sets specific rules and regulations for tenants who want to keep pets in their rental property. It is one of several addendums that may be included with a rental agreement; others might address things like property usage, subletting, and additional fees or utilities.
Having a pet addendum is especially important when renting to tenants with pets; it provides a comprehensive set of rules and regulations designed to maintain expectations and protect everyone involved. It is in the best interests of the landlord and the tenant to have a separate document that accounts for specific issues that frequently do not come up in a typical lease, like damage to the unit, noise control , specific pet(s) allowed, and other potential issues.
Considerations included in a good pet addendum might include:
The specifics of a pet addendum can vary from state to state, but the intention behind it stays the same—to prevent miscommunication that could lead to future problems or cause one party to use it as leverage in the event of a dispute. Even if you’re not sure at the time of the lease signing whether the tenant will get a pet, it’s generally a good idea to have one in place right from the beginning. It can save you a lot of headaches—or even money—in the long run by ensuring everyone is on the same page about the right to have an animal in the rental unit and what the rules may be regarding it.
Essential Components of a Pet Addendum
A pet addendum is a crucial component of any rental agreement that allows tenants to keep pets on the premises. While the rental agreement itself may mention pets, the pet addendum is a more detailed document that governs the specific requirements for pet owners. Here are a few key elements of a pet addendum:
Pet Policies
Policies for pets can address several issues, but the most common are health requirements and vaccinations. For example, the pet policy may state that pets must be vaccinated for rabies and canine parvovirus. Leash laws may also be mentioned, which govern whether the tenant must keep the pet on a leash when outside the premises. The policy can also go into more detail about how often and where the pet may be walked.
Fees
A pet addendum should include information about any fees required from the tenant. This can help offset the cost of damages that an unruly pet may leave on the property. For example, the pet addendum could state that two months of rent will be charged as a pet deposit. The addendum can also specify if the fees are fully refundable at the end of the tenancy.
Responsibilities of the Pet Owner
Simply allowing pets to share a home is not enough. The pet addendum should also state that tenants are fully responsible for their pets. Not only are they legally responsible for any injuries or property damage caused by their pet, but they also need to clean up after them. The pet addendum can further specify that pets cannot be vacated without providing the landlord with proper notice.
Restrictions or Rules
In addition to policies, fees and responsibilities, the pet addendum can also outline restrictions or rules. For example, pets can be restricted by breed or size. The addendum can also dictate how many pets are allowed per unit or residence. If the addendum includes restrictions on animals such as livestock, this should also be specified. Finally, pets can be prohibited from certain areas of the property.
Legal Considerations for Pet Addendums
As a legally binding component of a rental agreement, pet addendums have legal ramifications for both landlords and tenants. For landlords, in addition to including a pet addendum as part of the lease agreement, there are rules and regulations under which the extermination of any pests as a result of pet infestations is the landlord’s responsibility. Any damage to the property that is confirmed to be caused by the pet will be the tenants’ financial responsibility, typically in the form of deductions from the security deposit or rent.
Landlords should check for state and local rental laws to ensure no infringing provisions or prohibitions are included. For tenants, the legal penalties can be serious. If breaking a lease means the tenant must pay the remaining months of the lease in full, the costs of paying both the remaining lease and for a new lease for a new apartment can be financially devastating, especially if the tenant cannot afford both at the same time. Tenants who have had pets at their previous apartments should inquire about the possibility of gathering references from previous landlords before moving into a new apartment.
How to Create a Pet Addendum
The dog days of summer are upon us, and many landlords will have prospective tenants who are bringing furry friends to rental properties. Accordingly, landlords need to take the time to draft pet addendums that not only provide a clear-cut agreement between landlord and tenant, but try to prevent future misunderstandings.
Some recommendations to keep in mind when drafting a pet addendum are:
1. Describe type of pet allowed
Drafting a pet addendum is an essential step in any landlord’s leasing process, as it will clearly delineate the type of pet sought to be kept on the property. Even a grenade in particularly mischievous hands can be innocuously termed a "lawn ornament," if the right language is used. Thus, if a pet rabbit, for example, is accepted, the addendum should refer to "domesticated pet rabbits" so as to be clear. If the landlord agrees to allow two domesticated pet rabbits and two domesticated pet dogs, the addendum should be drafted accordingly. It should expressly state that tenant may keep no more than two domesticated pet rabbits and two domesticated pet dogs.
2. Protect against excessive pet waste
In consideration for allowing tenant to bring a pet, many landlords require a pet deposit, which may be used to repair damages caused by waste left in the building or common areas. Because pets typically will not use the restroom in only one area, the addendum should require tenant to ensure that pet waste is not left anywhere. Tenants should be directed to a designated waste removal area for all pet waste. In addition, tenants should be required to clean up after their pets immediately upon becoming aware of pet waste.
Landlords may further protect against pet waste by requiring tenants to utilize an enzyme spray, preferably one that will remove odor as well as stain and that is safe for pets. This enzyme spray should also be capable of reducing the risk of transmission of diseases between pets and humans. Finally, if tenants keep pets outdoors, the addendum should require tenants to keep pets within a fenced-in area, if available, or protected by a leash.
3. Govern excessive noise, barking or other disturbance
Most cats and dogs are relatively quiet and respectful, and owners are diligent about ensuring that their pets do not bother their neighbors. Nonetheless, a landlord should ensure that his or her pet addendum protects against any potential noise or other disturbance that pets may create at the rental property. The addendum should obligate the tenant to view this responsibility as an essential part of pet ownership. The addendum should further provide that a breach of this obligation will constitute a default under the lease agreement, so that it can be cured by the landlord in the event that the tenant allows a pet to become a nuisance to other tenants in the building.
Ultimately, a landlord should ensure that the pet addendum is written in easy-to-understand English that is approved by both the landlord and tenant. Once both the landlord and tenant sign, each side should receive a copy of the addendum. By taking these steps to enforce appropriate restrictions on the types of pets permitted, and to protect against damage to the property by the pet, a landlord may approve the tenant and the pet with confidence that the parties are on the same page.
Common Problems and Solutions
Common issues surround pet addendums and can affect both the landlord and the tenant. From pet damage and noise complaints to the presence of unauthorised pets, timely communication is essential to encourage a constructive outcome.
Pet Damage
Small damages, such as scratches on the floor are often rectified with appropriate cleaning. However, prolonged scratching can result in unsightly permanent damage to carpets or hardwood floors. Doors, walls and window sills are also susceptible to damage by clawing pets. If present at the time of move-in or reported immediately after the lease begins, these damages may be addressed with the tenant beginning to pay for the repairs, with the cost being deducted from the tenant’s security deposit. A poorly trained or unsupervised animal can cause extensive damage, totaling thousands of dollars. Where pre-existing damage exceeds the value of the deposit, the balance would need to be chased through small claims court. For this reason, it is very important to document the state of the property when the tenant and pet first arrive on the premises. Pets that are not trained to go to the bathroom outside can cause severe odor and stain damage. Sealant and occasional cleaning of stains is required in such circumstances. But damage that is excessive or particularly offensive might mean that a tenant is responsible for paying for complete carpet replacement or floor refinishing.
Noise Complaints
Dogs barking at night , cats howling at dawn, a parrot squawking repeatedly, and a lizard painting its home with its teeth can all constitute what are known as "nuisance noises." Like pet damage that exceeds the security deposit, noisy animals can be dealt with through eviction proceedings as a final resort. Eviction for pet noise is no different than any other noise complaint by a renter: your landlord must be given notice of the trouble within a reasonable period of time. If the problem persists despite action from the owner or tenant, an eviction may be in order as a last resort. Even if the evicted tenant has been exemplary in every other aspect of the rental, the landlord will have to designate that rental unit as off-limits to pets. Many landlords therefore do not take this route lightly, preferring to choose evictions that require less work in the end.
Unauthorised Pets
Prospective tenants are required to declare whether they own any pets. In cases where tenants invite unauthorised pets into the home anyway, the landlord is entitled to give a notice requiring the removal of the unauthorised pet from the premises. The tenants are not forced to move out of the apartment, but they must remove the pet under threat of eviction. As with most breaches of residential lease, both landlord and tenant are encouraged to immediately address the problem of unauthorised pets. For example, signing an addendum requiring a larger security deposit or specific cleaning tasks.
Advantages of a Pet Addendum
Pet addendums offer a number of benefits to both landlords and tenants. For landlords, the pet addendum offers a clear detail on the expectations, requirements or conditions of pet ownership throughout the term of the lease. Even if the lease contains a pet policy, it can be a general overview. The pet addendum provides all the detail that can enhance the relationship. Having a pet addendum keeps both parties informed of the specific details of pet ownership and responsibility. Having the pet addendum also enhances the relationship between landlord and tenant. Pet addendums provide full clarity on pet-related matters rather than alerting tenants of any pet policies or exceptions. This is beneficial to tenants because it reassures their position. It clarifies both the rights and responsibilities of tenants in terms of their pets. Pet addendums are far more valuable to tenants because they are granted more insight into the tenancy license and the rights it grants them. Whether pets are permitted, under what conditions, what restrictions exist and what liabilities are put upon tenants is all important information for all parties involved. Pet addendums also approve tenants to own pets not only during the tenancy but in some cases, far into the future. Tenants desire to have more information about their rights. In the past, tenants would contact the landlord for many of these questions, only to hear the response, "I don’t know." Tenants will ask about how much pet rent costs, if any, if a pet deposit is taken, if proof of vaccinations is required and if a kitty litter box can be set up on the balcony. Tenants want to know answers to all these questions and more. However, with the pet addendum, both tenants and landlords have access to detailed responses regarding what is permissible. It is to everyone’s benefit to have this information in writing.
Pet Addendums FAQ
FAQ: Does an addendum allow me to add whatever I want?
No. The Addendum must include language that complies with the Court of Appeals decision in Lee v. Johnson. Further, any additional monitoring of the pet must not be unduly burdensome.
FAQ: What type of verification can my landlord require in an addendum?
The verification requirements in the addendum are determined on a case-by-case basis. It depends on what is reasonable in light of any rules regarding pet ownership that may be included in the addendum. However , the verification requirements should not be greater than the landlord could require if the prohibited pet was already present. The Trailer Park Rule point out that standard verification procedures are usually appropriate and that special verification requirements would only be appropriate in some circumstances. However, a common proof of service verification is not enough; for example, the pet owner should be required to provide a veterinarian’s certificate.
FAQ: If the addendum is already very specific, can my landlord require an additional addendum?
No. However, additional verification may still be appropriate if it is needed to monitor for compliance with the addendum.