What Is Pet Rent?
What is pet rent? Pet rent is an additional amount added to a monthly rent payment to allow a tenant to keep a pet at a rental property. It is typically a flat, consistent charge due each month that is separate from the security and/or pet deposit. Pet rent offers an alternative to larger deposits for tenants and landlords, in states that do not allow pet deposits or those where the landlords have difficulty in collecting them.
The amount charged for pet rent differs from one property to another, but typically ranges from $25-$60 per month. Pet rent may be charged when the tenant has a pet or when the tenant requests permission to have a pet on the premises. Some landlords choose to blanket charge pet rent on all leases to avoid any issues of discrimination. Others charge pet rent based on the size of the pet. Many small-fortune HOA service managers require an exorbitant amount of pet rent relative to the leases for units in the same complex , which is arguably discriminatory in application.
Unlike pet deposits, pet rent is non-refundable. Therefore, tenants who must abandon their pets are typically left without the benefit of pet rent applied to any damages, nor recompense for the loss of their pet. Landlords often charge pet rent because of the difficulty in collecting pet deposits, because of specific state laws, or both. Leases do not require a tenant to have a pet; therefore, if a lease requires pet rent, tenants may challenge the legality of the charge.
Pet Rent’s Legal Landscape
Understanding the legal framework of pet rent requires knowledge of a range of federal, state and local laws. Federal legislation such as the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) can affect the implementation of pet rent, as can state-specific laws such as the state’s pet deposit laws and the state’s rental laws. Local ordinances may also govern the legality of pet rent by regulating rental fees and treating pet rent as an additional rental fee.
Pet policies are generally considered part of the lease agreement. While the FHA and the ADA both provide exemptions for housing providers when accommodating pets that "would impose an undue financial or administrative burden" or "fundamentally alter the nature of the housing provider’s services," there are no exemptions for the collection of pet rents under these laws. Neither FHA nor ADA would require a housing provider to modify its policy prohibiting pets, but if a tenant has a pet, the pet cannot be denied in violation of those laws if the pet legitimately meets the definition of an assistance animal.
State statutes regarding pet deposits may also have an impact on the legality of pet rent. While a few states have no statutes addressing pet security deposits, 37 states have statutes making specific provisions for pet security deposits or modifying the general lease deposit statutes.
Twenty-five states have specific statutes for pet security deposits. For example, California’s Department of Consumer Affairs Bureau of Real Estate states that "landlords can only charge a non-refundable pet deposit to partially cover additional costs and liability landlords may incur from pets in rental properties." Connecticut’s pet deposit statute similarly restricts the amount that a landlord may charge as a pet deposit. Florida’s Mutual Lease addendum allows the landlord to charge "one month rental installment" as a separate fee which is considered pet rent, not a pet deposit. In addition, New York City law prohibits charging a pet deposit.
The legality of a pet rent depends on the state’s laws. Landlords should consider whether the state’s laws allow landlords to collect a specific pet deposit. If so, the landlord must follow those laws, including those that regulate the amount of the pet deposit. Even when not required by law, charging pet rent as "additional rent" could impact the validity of the entire lease if it is challenged in court as an illegal rent increase under the state’s laws regulating the appropriate notice and timing of rent increases. In addition, as increased pet ownership can lead to increased liability for landlords acting in bad faith, some states require landlords to carry specific additional insurance for damages caused by pets on the property.
Tenants’ rights regarding pet rent will vary based on federal, state and even local laws. Tenants should look to the lease agreements and state-specific statutes to understand their rights and responsibilities related to pet rent.
What States Have Pet Rent Policies Differently?
As with many landlord-tenant issues, the legality and enforcement of pet rent vary from state to state. In Michigan, pet rent is common and is permitted according to the Rental Application Consent form from the Michigan State university Property Project. The following language is used:
"Pets Policy (if applicable): I understand that this lease shall be subject to landlord’s current established pet policy, a copy of which I acknowledge is attached hereto or has been provided to me by landlord. I understand that I may be required to pay a pet rent for my pet, and at any time, should I violate the rules of the pet policy, I can be required to get rid of my pet or I may be forced to leave the premises."
Here, the tenant is required to sign the lease acknowledging that the pet rent is a part of the terms of their lease. Although it is not clear from this language whether the agreement becomes voided absent a charged pet rent or whether such a failure to charge would render the given pet rent invalid, the express requirement of tenant consent indicates that this is a sound policy with minimal legal issues, at least in Michigan.
In other states, though, pet rent is less common. In Texas, for example, pet rent is not explicit in the Residential Leases for apartments as published by the state Attorney General’s office. However, as long as the tenant displays consent to a term of their lease or rental agreement – as in the case of the Michigan example – the state will usually uphold a contract that requires and allows for pet rent.
Just because a pet rent agreement is not explicit, however, does not mean that it is absent. In Connecticut, for example, pet rent is not mentioned in the Residential Lease Agreements published by the Attorney General. That is not to say that a specific lease or rental agreement might not still contain a pet rent clause equal to that of the Michigan State University Property Project. If the tenant did not object to the terms of their lease, then they have implicitly agreed to its terms. In Connecticut, this type of behavior could indicate tenant consent to a clause involving pet rent.
Even without explicit permission for or denial of pet rent, tenants should often sign their leases if they want to remain in compliance. Even a state that does not allow pet rent, therefore, might uphold a contract requiring the payment of pet rent, unless the tenant expressly objects to the term of their lease. U.S. Courts are generally equitable in that they will not permit the continued presence of a tenancy when one of the parties directly objects to its terms and conditions, even if such objections are implicit or implied. When the state or federal government pursues litigation, however, they tend to be much more thorough, leaving room for less ambiguity and interpretation.
How To Talk to Your Landlord About Pet Rent
For a small number of tenants, lease provisions requiring that tenants pay additional rent simply because they own pets have been challenged. In Wisconsin, courts left the legality of such provisions open in 2011 in the case of Lakeland Property Owners Association v. Harnisch. The tenant in Lakeland leased a condominium unit equipped with customary common ownership association amenities. The tenant was required to sign an agreement to abide by the bylaws and covenants, conditions and restrictions of the association prior to being allowed to rent the unit. A special assessment fee, later referred to as a "pet deposit," was imposed on the owner of the unit as a condition to leasing.
The owners of the unit rented to tenant Harnisch. The tenant, a dog owner, then requested a waiver of the pet deposit requirement. The association denied the request and Harnisch moved out. The association subsequently sought collection of over $5,000 in unpaid assessments, late fees and attorney fees from both the unit owner and Harnisch.
The trial court found that the definition of the term, "owner," in the association bylaws included the tenant. The court then held that the tenant, as an "owner of a unit," was required to pay the special assessment fee. The court also dismissed the tenant’s counterclaims supporting her argument that the special assessment was discriminatory under the Fair Housing Act and violated her exclusive use privileges.
In writing for the appellate court of Wisconsin, Judge Barbara R. Crawford stated that the special assessment fee was reasonable based on the extrinsic facts of the situation. In doing so, the appellate court, now the first court in the nation to take up the issue , nevertheless left the legality of these provisions open.
As a best practice, it is often advisable to negotiate for pet rent language in a lease instead of a large increase in base rent or a special assessment fee. This is more likely to be accepted by both tenant and landlord. For example, a monthly base rent payment of $850.00, with an additional, separate $50.00 a month for the right to keep a pet may be more palatable to both the tenant and the landlord than a one-time special assessment fee of $3,000.00.
Even if a pet rent provision is not legally enforceable, there are many reasons why a landlord may require such a provision. These may include the perception that a tenant with a pet would cause greater wear and tear on the unit in question than a tenant without, and/or the costs associated with cleaning and making repairs to the unit upon the tenant’s departure to address the pet-related wear and tear.
Furthermore, a landlord may include pet rent in an effort to discourage certain tenants from renting an apartment. A potential landlord may view a tenant who borders on being a "troublesome renter" as a "riskier" tenant, especially if the tenant owns a pet. Such risks may be real – troublesome renters that have pets can sometimes be a frustrating factor for some landlords.
Landlords can be won over in negotiations, especially if fee amounts are lower than special assessment fees, tenancy is added to the terms of the lease to non-pet owners and/or lease provisions are used to alert the landlord of the presence of pets.
Often overlooked when negotiating for pet rent, a tenant can also agree to pay for additional cleaning, carpet replacement or removal or other costs associated with repairing and restoring a unit upon termination of a tenancy.
If You Don’t Pay Pet Rent, What Happens?
Every landlord has the right to seek financial compensation when they are incurred damages from a tenant. Just as promising or failing to pay rent is a breach of the rental agreement, not paying pet rent is also a violation of the lease and gives the landlord grounds for additional legal action. First, a landlord might issue a warning or demand for payment to a tenant who is behind on their rent. Compensation for back owed pet rent may be added to the monthly rent amount. Often, a letter notifying the tenant of these additional charges will be sufficient in correcting the situation. No further legal issues should arise after that, provided the tenant pays the back rent and any penalties. If the tenant continues to be uncooperative, there are several potential next steps a landlord could take. A landlord may opt to simply evict the tenant, removing them from the property if they are repeatedly recurring to pay pet rent despite the penalties. In states that permit it, landlords may issue an eviction notice for non-payment of rent. Without exception, tenants must receive at least 30 days notice before their rental contract can be legally terminated for this reason.
How To Manage Your Landlord-Tenant Relationship
The relationship between tenants and landlords is a delicate balance, and when the concept of pet rent is factored into the equation, it is important to maintain and even further strengthen this relationship. Realtors are known as the "third-party" negotiator, and therefore can offer valuable insight on how to negotiate agreements regarding the role of pet rent in leases. When a tenant is allowed to keep certain pets, it is most often a mutually beneficial arrangement in which the tenant has a pet inside their home and the landlord can potentially charge a bit more for rent and collect a larger deposit. However , just like any kind of "fee" related to a rental agreement, pet rent should be carefully explained to the tenant and what will happen if the agreement is violated. Open lines of communication between tenant and landlord provide a buffer against negative consequences, and it is imperative that both parties listen to and consider the concerns and requests of the other when charging pet rent. The goal is to come to a compromise and to execute a fair agreement for both parties.