Navigating Pet Fees, Rent, and Restrictions
Gioachino Rossini’s Duetto buffo di due gatti (Cat Duet) is a charming and humorous piece, which contrasts with the operas for which Rossini is best known. Written for two sopranos and based on themes from Rossini’s opera “Otello,” the duet humorously mimics the sounds of cats meowing.
Although some have questioned whether Rossini authored the Cat Duet, the piece is beloved by many for its whimsical nature. Despite the duet’s humorous intent, it requires considerable vocal skill and control. The sopranos must navigate rapid scales, trills, and leaps, all while maintaining a synchronized performance with each other.
Although the duet is hilarious, the repeated meow sounds sung by two powerful sopranos in their high vocal range also can be piercing. To the ears of someone who doesn’t enjoy opera, the duet might sound like a cacophony of cats calling to each other. So, I wouldn’t recommend that an apartment dweller crank up their speakers when playing the duet, lest their neighbors complain.
According to the American Pet Products Association’s 2021-22 National Pet Owners Survey, about 70% of U.S. households own pets, up from 67% in the 2019-20 survey. As pet ownership increases, apartment dwellers may face the challenges of finding pet-friendly housing.
Apartment leases often come with stipulations regarding pets, including pet fees and restrictions on the number and type of permissible pets. This article discusses pet fees, pet rent, and common pet restrictions in apartment leases.
Pet Fees and Rents in Apartment Leases
Pets can be expensive. Since landlords often charge pet fees or “pet rent,” the cost of having a pet can be especially high for pet parents who are renting their homes. Common landlord pet charges include:
Pet Deposit - Similar to a security deposit is a refundable fee paid when the lease is signed. If there is no pet damage to the apartment, the deposit is returned to the tenant at the end of the lease.
Pet Rent - “Pet rent” is an additional monthly fee, typically charged for each pet, which is added to the regular rent to cover the extra wear and tear caused by the pet.
Pet Fee - Some landlords charge a one-time, non-refundable pet fee at the beginning of the lease to cover the costs of cleaning and maintaining the property due to pet-related issues.
In this article, I’ll refer to pet deposits, rent, and fees collectively as “pet fees.”
Landlords charge pet fees to help pay for damage caused by pets, such as scratched floors, stained carpets, and damaged or discolored walls. Since pet deposits are refundable if there is no pet damage, they have the additional benefit of incentivizing tenants not to permit their pets to cause damage. Some landlords believe that since pet fees are an additional tenant expense, only devoted and responsible pet parents will pay those fees – less dedicated individuals will get rid of their pets instead.
Pet Restrictions in Leases
In addition to pet fees, most apartment leases include specific pet restrictions. These restrictions usually are based on the landlord’s experiences, property type, and local regulations but fall into several categories:
Breed Restrictions - Leases may prohibit certain dog breeds due to perceived aggressive behavior or insurance liabilities. Breeds commonly restricted include Pit Bulls, Rottweilers, and Doberman Pinschers. Landlords include these provisions to minimize the risk of aggressive pet incidents and the legal issues that can result.
Size and Weight Limits - Some leases impose size or weight limits on pets to eliminate the damage that large pets can cause. For example, pets over a certain weight (e.g., 50 pounds) may not be allowed.
Number of Pets - Many leases limit the number of pets a tenant can have. Typical limits would allow only one or two pets per apartment. Some leases combine the number of pets and weight limits to allow up to a set number of pets if their combined weight doesn’t exceed a stated limit. Since more pets can create more noise, odor, and damage, these restrictions on the number of pets help control noise levels and potential property damage.
Type of Pet - Some leases only allow certain types of pets, often only cats or small dogs. Exotic pets, such as snakes or birds, are frequently prohibited.
Spaying/Neutering Requirements - Some leases may require pets to be spayed or neutered to prevent breeding and reduce aggressive behavior.
Pet restrictions can significantly affect tenants with pets, especially if they have several pets, large dogs, or dogs of breeds perceived as particularly aggressive. Therefore, tenants who are pet parents may find it challenging to locate suitable housing. Some tenants may be forced to decide between giving up their pets and having a place to live.
Landlord Best Practices for Pet Fees and Restrictions
Pet fees and restrictions are essential for landlords. Yet, they also can discourage or prevent tenants from renting apartments. Landlords need to find a balance so they can keep their units leased while minimizing damage and inconvenience to tenants without pets.
Transparent Communication - Landlords should clearly communicate pet policies, fees, and restrictions in leases and written community policies.
Pet Interviews - Instead of strict breed or size restrictions, landlords may conduct pet interviews to assess the pet’s behavior and compatibility with the property. This approach allows landlords to make informed decisions rather than relying solely on breed or size restrictions.
Pet Resumes - Landlords can request that tenants provide pet resumes, highlighting their pet’s training, behavior, and health records. This information can help landlords feel more comfortable allowing the pet while providing objective criteria landlords can use to screen out irresponsible pet parents or aggressive pets.
Negotiating Pet Lease Terms - Some landlords may provide tenants with several options for pet fees or restrictions. For example, landlords may give tenants the option of providing a pet deposit or proof of pet insurance.
Pet-Friendly Amenities - Responsible pet parents can be excellent tenants, and some pets can be positive additions to a community. Therefore, many landlords provide pet-friendly amenities like dog parks, grooming stations, and pet washing areas. These amenities attract and retain tenants with pets while fostering a positive community atmosphere, while also sometimes containing pets to specific areas of the community, which tenants who do not like or are afraid of pets can avoid.
Service and Emotional Support Animals Aren’t Pets
Many landlords make the mistake of imposing pet fees and restrictions on service and emotional support animals. However, the Fair Housing Act (FHA) and similar state laws require landlords to provide reasonable accommodations to disabled individuals, including those who use assistance animals. These laws supersede any pet fees or restrictions the landlord generally imposes.
Landlords may not charge a pet fee or deposit for assistance animals. This doesn’t mean that the landlord can’t charge tenants for the cost of repairing damage the animals. Tenants still are responsible for damage caused by their assistance animals. Tenants must still follow the landlord’s rules, such as those requiring that dogs be kept on leash or that tenants pick up and properly dispose of dog feces.
Unfortunately, a few tenants may falsely claim their pet is an assistance animal to avoid pet fees or restrictions. If a tenant or prospective tenant requests that the landlord accommodate them by allowing an assistance animal, the landlord may evaluate the request using these questions:
Whether the tenant has a disability (defined as a physical or mental impairment that substantially limits one or more major life activities)
Does the animal work or perform tasks, provide assistance or services, or provide emotional support to the disabled individual?
Do the animal’s services help one or more symptoms or effects of the disabled individual’s disability?
Landlords should remember that not all disabilities are visible. Sometimes, it may not be obvious how an individual can benefit from the support of the animal. For instance, an individual with epilepsy might have a service animal that alerts them before a seizure, or an individual with diabetes might have a service animal that can identify hypoglycemic incidents. Even though those are legitimate reasons to have service animals, neither of those disabilities nor the services the animals provide are likely to be visible to a landlord.
If an individual’s disability is not visible, landlords may ask about the individual’s medical condition. However, the landlord may ask the disabled individual for documentation of their disability and need for an assistance animal. Likewise, if the disability is apparent but the need for an assistance animal is not, the landlord may ask for documentation supporting the need for the assistance animal.
For instance, a landlord may request documentation from an individual with a mental disability with an emotional support animal if the disability and need for the animal are not apparent. However, the landlord may not ask the person what condition they have.
Although landlords usually must permit assistance animals without imposing pet fees or restrictions, there are situations a landlord need not accommodate the assistance animal:
The accommodation would provide an undue financial and administrative burden to the landlord.
The accommodation would fundamentally alter the nature of the landlord’s services.
The specific assistance animal poses a direct threat to the health or safety of others, and that threat cannot be reduced or eliminated by another reasonable accommodation.
The specific assistance animal would cause substantial damage to the property of others, and that damage cannot be reduced or eliminated by another reasonable accommodation.
Whether an assistance animal poses a direct threat or would cause substantial damage must be based upon the specific animal. The landlord isn’t permitted to speculate or base a decision on experience with other animals.
Conclusion
With increased pet ownership, pet fees and restrictions have become more important. Tenants may find it challenging to find housing that accommodates their pets. Landlords may find it challenging to establish pet fees and restrictions that protect their property without screening out desirable tenants. Apartment communities are not all the same, so what is reasonable in terms of pet fees and restrictions will vary.
Transparent communication by landlords and tenants, pet interviews, and pet resumes can help build trust and facilitate mutually beneficial agreements regarding pets. Landlords also must comply with the FHA and state and local legal requirements regarding assistance for animals and pets.
© 2024 by Elizabeth A. Whitman
Any references clients and their legal situations have been modified to protect client confidentiality.
DSCLAIMER: The content of this blog is for informational purposes only and does not provide legal advice to any person. No one should take any action regarding the information in this blog without first seeking the advice of an attorney. Neither reading this blog nor communication with Whitman Legal Solutions, LLC or Elizabeth A. Whitman creates an attorney-client relationship. No attorney-client relationship will exist with Whitman Legal Solutions, LLC or any attorney affiliated with it unless a written contract is signed by all parties and any conditions in such contract are satisfied.