What Is a Pet Rental Agreement?
Pet rental agreements are provisions in leases and rental contracts in California that enable landlords to regulate whether pets are allowed on the premises and the extent to which they can be accommodated. Like many states, California does not require landlords to allow tenants to keep pets in the rental unit. However, it is a good practice to address the issue in the rental document to ensure both parties realize that certain rules and regulations may be imposed.
A bad experience with a pet in a rental property has caused some landlords to positively deny any future requests. Breed-specific bans have been enacted by some landlords to prohibit tenants from keeping certain dog breeds on the property. However, many landlords allow pets and have posted certain pet rules under the terms of the lease agreement. Pet rental agreements, unlike service animals, deal specifically with allowing different types of pets and the extent to which they can be associated with the rental unit.
Many considerations need to be addressed by the landlord and tenant alike to determine if a pet rental agreement will be between the parties, and if so, what provisions the rental agreement will contain. Each party will have different considerations when entering into a pet rental agreement. For the landlord, the primary concern is to protect the property from potential damage from a pet. Issues such as excessive noise, damage to property or the development of allergic reactions are not uncommon. Additionally, landlords may have concerns about the level of responsibility for maintaining the safety and well-being of the pet and its owner. For the tenant , the primary concern is to ensure that the pet can reside in the rented unit and the boundaries of reasonable accommodation are established.
Some pet rental agreements are very basic, such as permitting a certain size dog or cat. To protect their property, landlords often stipulate that tenants may only have a specified number of pets. Some rental agreements go so far as to limit the weight, size and/or color of the pet. In addition to the physical characteristics of the pet, other restrictions may be placed on the pet regarding how and where they can use the property.
Rental agreements may also contain provisions about who is responsible for pet-related cleanup on the property. Some rental agreements place the burden of dog waste clean up on the tenant. Others delineate specific areas on the property where a pet can be walked or contained. Restrictions may be placed in the rental agreement regarding the type of dog food, bowls and additional equipment that can be used and left on-site. Additionally, rules may be established about the location of leashes and other equipment used on the premises for the care of the pet. Some rental agreements clearly state the fines that will be assessed when violations of the pet rules and regulations occur.
Pets provide companionship to many people, particularly the elderly and children. Recognizing that pets provide certain benefits helps ease the burden on tenants and landlords alike that have to deal with the specifics of a pet rental agreement. Too frequently, pet owners are forced to select between giving their pet to a new owner or moving when a rental agreement does not permit them to have the pet.
Essential Elements of a Pet Rental Agreement
Regardless of the type of pet, any rental agreement that includes a pet policy should contain certain basic components. The following is a list of provisions that are common to pet rental agreements. These provisions are not unique to pets kept by tenants, and do not replace any applicable state laws, Federal Housing Administration (FHA) requirements, or Fair Housing amendments. Please keep in mind that all rental agreements are negotiable and may be modified as long as both parties — the tenant or applicant and property owner/manager — agree to the changes. Nonetheless, the following is a guide for landlords to consider when drafting or interpreting a pet rental agreement:
• Description of the pet (or pets). Since certain pets are considered "exotic," it is a good idea to include the name of the breed or species, the pet’s name, weight, age, and any identifiable features (i.e., birthmarks, scars, etc.). Colors may also be included to help identify the pet if it is ever discovered running loose around your apartment community. However, unlike California state law, all dogs are required to be microchipped with the owner’s name, address, and phone number (this applies only if your city or county has such a law).
• Pet policies. Larger apartment communities may have a pet policy that all pet owners are expected to abide by. It is important to provide the resident or applicant with a copy of the community’s pet policy so that he or she understands the rules and regulations for keeping a pet on the property. The couple of basic rules that administrators should agree to prior to the approval of the pet may include the following:
• Pet deposit. Any security deposit that is applied to damage caused by a pet must be approved by the California legislature. Pursuant to California Civil Code § 1950.5 the following is required:
• Pet deposits are the same as standard security deposits and should follow the same rules outlined in the California Civil Code, § 1950.5. Nevertheless, it is important to have an administrator inspect the pet before it is agreed that deposit should be stored as a pet deposit versus a standard security deposit. In the case of a visual inspection of the pet, the landlord must rely on his or her reasonable assessment of the condition of the unit as affected by the specific pet. In addition, this evaluation may also include the costs of repairing any damages caused by a pet, when practical.
• Restrictions. Under California law, the following breeds of dogs are restricted from being kept in almost all apartment communities, unless otherwise exempted, pursuant to Civil Code § 3342.5:
• Deposit Refunds. If you deposit is for a pet, it must be returned within 21 days of move-out pursuant to Civil Code § 1950.5(e).
California Pet Rental Agreement Law
California has long adopted a balanced approach when it comes to renting your home with your pet. Under California law, landlords are generally not allowed to prohibit, or terminate leases, for tenants with well behaved pets, while tenants are expected to repair or replace any additional damage done to the property by their pets.
Over the years, the California legislature has continued to add rental housing provisions specifically relating to pets. For example, California civil Code section 1942.5 prevents landlords from retaliating against tenants who assert reasonable legal rights (for example, complaining about pest problems that affect your pet). California Civil Code Section 1942.55(b) prohibits a landlord from imposing a pet deposit that exceeds one months rent.
Currently, California law does not require your landlord to provide pet friendly housing. However, depending on how your individual lease is written, he or she may have agreed to do so.
Rental housing provisions often seem overly landlord friendly. However, as time passes, the law often updates to provide better protections for tenants with pets.
Considerations for Landlords Regarding Pet Policies
When it comes to putting a pet policy in place, landlords have several factors to weigh. Pet policies are typically written into the rental agreement (or lease agreement) as an addendum. If the rental home or apartment is in a HOA or a condo association, the HOA may have association rules that either ban pets or impose specific restrictions on pets. Associations do have the power to restrict pets, so even if you introduced a pet policy, you’d want to determine whether the association’s CC & Rs requires the implementation of some pet policy or whether the association has its own policy that might come into play. It’s always best to be sure.
If you allow pets, you can charge a pet deposit (or additional pet deposits). If you don’t allow pets, you can add a pet policy that says no pets are allowed on your property (except service animals or emotional support animals). Whether a pet is service or emotional support animal is separate from a pet policy. Federal and state laws treat these animals differently than they would pets, so you should determine whether an emotional support animal requires a policy accommodation on a case-by-case basis.
Pros Every rental property is different, and at the end of the day, it’s up to each landlord in California to determine what is in the landlord’s best interest. In most cases, landlords and HOA take into consideration the following benefits when implementing a policy allowing pets: Cons On the flip side, landlords and HOA may consider the following risks or downsides in making the decision to allow pets in rental homes or apartments: Any property owner allowing pets should also carefully consider whether pet damage may pose a risk to the property. For example, if floors are carpeted, a pet may have an accident that causes the carpet to be permanently damaged or soiled, which may require a costly replacement. Pets can also scratch at hardwood floors and cause damage that may require repair (which may be costly). Further, pets may chew on drywall, scratching tables, counters and cabinets, or if not supervised, pet parents may allow pets to run and jump on furniture, causing damage. A dispute could potentially arise around whether a tenant damaged the property intentionally or accidentally.
Tenant Tips for Signing a Pet Rental Agreement
Tips for Tenants Signing a Pet Rental Agreements
Before agreeing to a pet rental agreement, a tenant should carefully review the lease document. Has the landlord added language regarding pet policies? What are the specific perks and limitations the tenant would be subject to if he or she decided to keep a pet in the unit? What kinds of damages may the tenant be liable for by keeping a pet?
Some of the chief concerns for tenants when sitting down with a pet rental agreement in California include:
As with the initial rental agreement, a tenant would be wise to understand that reasonable accommodation requests can be made to avoid illegal pet restrictions . For example, in allowing cats, the landlord may be infringing on a disabled tenant’s rights if he or she were to restrict the presence of cats within the apartment.
Renters in California should also remind landlords that, per California Civil Code Section 1942, all tenants have the right to request repairs from a landlord, including damage caused by pets that were no fault of the tenant. It is never recommended that an apartment tenant "self-repair". Doing so could hold them liable for breach of contract or for breaking the rental lease.
Sample Pet Rental Agreement Provisions
As stated above, in California, the landlord is only liable for injury or property damage or destruction resulting from dog bites or animal attacks if the landlord has knowledge of the animal’s vicious propensity.
In addition to breaches of the lease, there are other actions that may result in early termination of a pet rental agreement, as well as loss of the pet and sometimes even forfeiture of the security deposit. These include:
• Leaving pet(s) without the required supervision, both indoors and outdoors
• Not cleaning up after the pet(s)
• Breach of any clause of the lease that results in a fine under the regular provisions of the lease
This is not a complete list, but rather some of the more common infractions. The following are examples of some of the more common types of pet rental clauses: Pet Rental Agreement Clause Example #1: Acknowledgment "(1) The undersigned Tenant(s) acknowledge that Tenant(s) have read and understand the terms of these rules, and they agree to abide by all of the stated terms. (2) Tenant acknowledges that any breach by Tenant(s) of these pet rules is grounds for eviction. Tenant(s) agrees to regularly pick up after said pet(s) on and off our premises, and agrees to dispose of such waste properly. Tenant(s) also agrees that they will be liable for any costs incurred for the failure of Tenant(s) to comply with these rules. Tenant(s) agree not to feed strays on the premises or allow them to stay here, and will immediately contact the manager/owner about any strays. Tenant(s) understand that they are responsible for any damage, loss, personal injury or death caused by the dog/pet(s) including, but not limited to, animals, persons, and contents of adjacent property, even if damage or injury occurs outside of the owner’s premises. Tenant(s) agree to have the required dog license(s) as required by the state and/or city laws, and the required rabies vaccination, and a license under the specific Animal Control Agency where the property is located. Tenant(s) agree to keep those licenses and vaccinations current at all times. Tenant(s) further agree to keep the dog’s collar or harness on the dog at all times, and that the collar and leash will be sterling silver. Tenant(s) shall not use choke chains or prong collars. (3) Tenant(s) acknowledge that all air filtrations made to owner’s systems shall be the responsibility of the Tenant(s); and that Tenant(s) will be charged for any repairs and/or maintenance to air filters due to the shedding of dog(s) hair. (4) The undersigned understand that any breach by tenants, members of tenant’s family or guests, of the above rules is grounds for termination. Name of Tenant(s):_________ Signature of Tenant(s):__________ Date:__________" Pet Rental Agreement Clause Example #2: Non-Exclusive Right to Enter Premises "Non-Exclusive Right to Enter Premises. Tenant agrees that, in addition to the right set forth in Paragraph 33 of the Residential Rental Agreement, Lessor, Lessor’s employees, agents, independent contractors, or representatives, may enter the dwelling unit or other premises during reasonable business hours, with 24 hours prior oral or written notice, for the purposes of checking the general condition of the premises or in the event of any emergency, preventative maintenance, to inspect in accordance with Section 1950.5(d) of the Civil Code, or for the purpose of exercising any Right of Entry reserved under this Contract or available at law. Furthermore, Tenant agrees that Lessor, Lessor’s employees, agents, independent contractors or representatives, may enter the dwelling unit or other premises without 24 hours’ advance oral or written notice for any of the purposes set forth above, but reasonable and appropriate notice will be given depending on the type of entry needed. Tenant agrees that such entry may occur whether or not Tenant is present in the unit at the time. Tenant agrees that if an animal is present on the premises, Tenant must be in the unit with the animal during such entry and that the animal shall be physically restrained at the time of entry, by being either physically leashed by a capable person, or physically caged with door securely locked. If Tenant fails to comply with this provision, Lessor may enter the premises in accordance with Civil Code section 835 and Caci 1505 – "Lessor Liability; Duty not to Keep Pets from Unit."
Dispute Resolution Provisions in a Pet Rental Agreement
In the event of a disagreement between a landlord and tenant regarding a pet rental agreement, the first step is to review the lease terms. If the lease is clear in regards to the issues, then the document should guide the communication. The second step is to have a discussion between the landlord and tenant to revisit the lease. Verbal disagreements may distract from the issue on the table, so be sure to talk about the lease.
The third step is to follow up in writing and attempt to communicate by e-mail or text messages so there is evidence of what the discussion was. In many cases, the simple act of discussing the lease provisions with a tenant can telescope the dispute. The fourth step is to dicuss the agreement in terms of solutions, as opposed to problem-creation . This approach is much more constructive, whereas the latter approach can create bad feelings.
If the problem continues after following these four steps, the landlord may need to seek legal counsel and, if necessary, one or both parties may seek mediation. Mediation is a process where a neutral third-party intervenes and helps the parties discuss the issues and hopefully reach a positive solution.
Mediation is voluntary and therefore, a landlord cannot force a tenant to mediate. But it is a good choice if one can convince the other party to mediate.
Legal recourse is available, but it is the same as going to court on any other matter. The landlord has the right to pursue almost all forms of legal remedy, including the termination of the lease if necessary.
Proactive communication is the best approach for all parties to avoid disputes over pet rentals.