What Exactly is a Pet Addendum?
A pet addendum is a provision in a lease agreement specifically addressing the presence of pets at the rental property. It is entered into by both the landlord and tenant to document that the tenant is allowed to have pets in their residence. This addendum serves as an attachment to the original lease agreement, modifying the terms of the lease to include the provisions set forth in the pet addendum.
The document contains important information required to keep both the tenant and landlord legally protected. Not all leases contain a pet addendum; some landlords may simply choose not to allow pets in their rental properties and will reject prospect tenants that have pets. However, if the tenant has already signed the lease agreement but gets a new pet , a pet addendum should be immediately signed and dated by both parties to legally modify the terms of the original lease.
For instance, a tenant who owns a pet but fails to sign a pet addendum may be evicted for breaking the terms of the lease. On the other hand, if the tenant and landlord both sign the addendum it will contain language to prevent the landlord from evicting the tenant or penalizing them financially for having a pet.
The tenant must be sure to get a signature from the landlord along with the date signed on the pet addendum. If you sign a lease agreement that does not have an attached pet addendum, the landlord may be able to evict you later on for having a pet.
Components of a Good Pet Addendum
Clarifying the types, sizes, and breeds of animals that are permitted by the pet addendum will help eliminate disputes about what types of animals are permitted. Most pet addendums that are properly structured will have specific language indicating the types of animals, breeds of animals, and sizes of animals that are permitted, if any.
Another key element that needs to be addressed in the pet addendum is whether or not the tenant is required to pay additional fees for the pet(s) that are kept in the premises. Common practice for pet deposits is one month’s rent. In some instances, the pet deposit may be more or less depending on the type of animal, size of the animal, and/or breed of the animal. If the tenant is required to pay a one-month deposit for each pet, the lease should indicate whether the deposit is refundable or non-refundable.
The pet addendum should provide for ongoing requirements for care and maintenance of the pet. The type of animal to be kept, the size of the animal, and the breed of the animal will determine the parameters for such requirements. For example, most cats will not require walking. However, birds need to be taken outside for fresh air regularly as do dogs. If your lease does not specifically state that you’re not permitted to walk your cat, your cat could potentially sue you for that.
Depending on the size of the premises that your tenant may occupy, you may or may not want to include feedings, litter box cleaning, and other specific requirements.
Depending on where the rental premises are located, you also may want to prohibit your tenants from having pets on balconies or decks. This restriction will prevent the unit below from being subject to damage from urine and feces. It also protects the tenants because a dog that is left alone on a balcony can escape and jump off and end up killing itself or injuring someone.
If you are going to allow pets, it’s highly recommended that you include in the lease that pets must be registered and have up-to-date vaccinations.
Importance of a Pet Addendum
The legal relevance of such a pet addendum is two fold. A lease is a contract. Typically a landlord can only bind the apartment unit itself to a contract provision. So, even if landlord and tenant sign a pet addendum and a lease agreement, if the pet addendum is not included within the lease agreement, then the tenant will be able to say that he or she is not bound by the provisions of the pet addendum, even though the addendum was signed by them. An unsigned addendum is not binding. Of course, the reverse is also true, in that if the pet addendum is included within the lease agreement, but excluded from the agreement, then the landlord cannot enforce the pet addendum against the tenant. Second, with respect to a damages clause, it would be possible for a landlord to enforce such a Clause as an addendum against the tenants, but it likely would be difficult (and that is putting it charitably). In addition, an owner seeking recovery for damage against a tenant who had signed a lease addendum containing such a damages clause likely suffers from the same issues related to the unenforceability of an unsigned addendum. Therefore, the damages clause may be enforced as a general matter against the tenant, if otherwise binding, but probably would be difficult even though signed if the lease agreement to which it was attached were not binding.
How to Create a Pet Addendum
When it comes to pets, there’s nothing worse than having to figure something out on the fly. That’s why drafting a strong addendum is so important. Best practices include the following:
Explicitly Allow and Restrict
If you want an all-out no for pets, say so. If you want to open the door to pets, say so. The lease, by itself, is not enough. Picking up the phone and saying, "Sure sounds fine," does not protect you from liability for pet-related issues. Especially in states with breed-specific legislation, you need to write it down.
Whether it’s a complete ban or just a ban on certain breeds, make sure you specify in the addendum. For example:
This tenant shall not be allowed to keep pets in or on the premises. This will be strictly enforced and will be cause for immediate eviction.
This tenant shall not be allowed to keep pit-bull breed dogs or Rottweiler dogs in or on the premises. This will be strictly enforced and will be cause for immediate eviction.
This tenant shall be allowed to keep one (1) cat or dog under thirty-five (35) pounds. This pet shall carry the following identification at all times:
Collar tags (ID and rabies)
Microchip
In addition, this tenant shall be responsible for cleaning up behind their pet (indoors and out) immediately and without exception.
An Unintended Tail
Many people think pets and apartment living are simply incompatible. The truth is that prohibiting pets in your lease is often a mistake, letting tenants bring in a furry family member can be great for both you and the tenant. Pets are highly popular in the United States, with roughly one in two families owning a pet of some sort (dogs or cats). About 41 percent of households own a dog, while 35 percent have a cat. Dogs are popular but pay attention to the following trends as well.
The bottom line is that many renters who love pets will not even look at rental units without them. Pet sound like the worst-case scenario to you? Include a pet addendum in the initial lease negotiation process and reach a compromise that will suit everyone involved. You might find that it’s mutually beneficial.
Common Problems and Solutions
Understanding Lease Agreement Pet Addendums: A Comprehensive Guide
Despite the best of intentions, conflicts may arise with respect to pet addendums. Some of the more common issues are described below, along with options for resolution. A landlord may want a pet addendum, but the tenant will not sign. For a variety of reasons – some valid, some not – a tenant may not want to sign a pet addendum. If this is the case, a frank and open discussion should be had. The landlord should explain why he considers an addendum necessary, and the tenant should explain his reasons for objecting. If the landlord listens and has a truly valid reason, then the tenant should adjust his opinion and sign. A landlord may have a pet addendum; the tenant’s pet has caused problems; the tenant denies responsibility. This problem can typically be avoided by the tenant proactively reporting any issues with fellow tenant’s pets, and the landlord being proactive in handling the problem. If an issue arises, however, then only the landlord can act on the lease and evict the tenant if the pet problem continues. In doing so, the landlord should: (1) inform the tenant of the problem (i.e., so the tenant knows the problem exists); and (2) allow a reasonable (and clearly specified) period of time to correct the problem . Of course, if the facts support it, a landlord may be able to terminate a tenant’s lease on the grounds that the tenant has entered into a "failed" pet addendum. A tenant may have a pet addendum; the pet causes problems; the landlord will not take responsibility. Some landlords, though not all, regret their decision to permit pets. Sometimes they feel sympathy for a tenant and prefer to look the other way. Often, however, they simply do not want to get involved with a tenant’s pet or monster pet illness. In such situations, the landlord should review the lease and the addendum, contact his attorney if needed, and determine what options exist under the lease and addendum. He should also be respectful of the tenant and politely communicate what resolution he considers appropriate. If the amendment was prepared and drafted well, the tenant is on notice of his duties and may be legally pursued. A tenant wants a pet addendum, but the landlord is not willing to execute one. One possibility is for the tenant to propose a change in rent in exchange for being allowed to have a pet. The tenant may, for example, offer to pay $50 more per month. If the landlord accepts this additional rent, and accepts the tenant with a pet, the lease should be amended to state so. Alternatively, a realistic option for the tenant is to find a different, less restrictive apartment.
Updating Your Lease with a Pet Addendum
When a tenant wishes to add a pet to a lease that was drafted without a pet addendum, revising or "amending" the lease requires an agreement in writing between the landlord and tenant. It is advisable that a lawyer draft the revised provisions. An inexperienced lawyer may inadvertently fail to comply with all the requirements under the law for revising a lease. An experienced lawyer will also customize the revised provisions to ensure that they include critical protections that only an expert in this field would know and include.
Most landlords and tenants do not change the existing lease for added pet clauses and instead simply sign a separate pet addendum signed by both the landlord and tenant disclosing the new pet. This is not always a good idea depending on the situation. Some leases contain important clauses that could be missing from the separately drafted pet addendum. For example, the existing lease likely contains a clause requiring tenants to give written notice to the landlord when renewing the lease agreement rather than verbally informing the landlord of the intention to remain in the leased premises. A separate pet addendum may only state that the cat or dog has been added to the premises as a pet without discussing whether the existing lease premised on Month to Month renewal terms has been renewed for a new term.
Example Pet Addendum Template
"ADDENDUM TO RESIDENTIAL LEASE
THIS ADDENDUM is executed as of the _____ day of ___________, 20__, and amends the residential Lease Agreement (the "Lease") between ________________________________________ ("Landlord") and _________________________________ ("Tenant") relating to the premises located at _______________ ("Premises").
1. Tenant is permitted to keep animals on the Premises only as described in this Addendum.
2. Tenant must list all animals to reside in the Premises below:
Name Description/Age Weight Breed Indoor/Outdoor
________________ ______________________ __________ ____________ _______________
________________ ______________________ __________ ____________ _______________
3. Tenant further agrees to the following conditions:
A. Tenant agrees to pay a $500 nonrefundable fee for each animal kept on the Premises.
B. If the pet is removed from the Premises for any reason whatsoever, the nonrefundable fee for that pet will not be refunded.
C. Upon any violation of this Addendum by Tenant, after notice and expiration of a reasonable cure period, Landlord shall have the right to enter upon the Premises and remove such animal(s) therefrom, without liability whatsoever for Landlord’s acts.
D. Tenant understands and agrees that any damage caused to the Premises by Tenant’s animal(s) or their presence on the Premises will be repaired by Landlord at Tenants expense, and that the charge for such repair shall be paid by Tenant to Landlord within 5 days of receipt of an explanation of the charges .
E. Tenant shall exercise ordinary care that no damage is done to the Premises by reason of the presence of the animals, including but not limited to:
1. No feces or urine will be allowed to accumulate on premises.
2. The animals are to be kept free of fleas and other parasites.
F. Landlord or an agent of Landlord shall be entitled to enter the Premises for periodic inspections of the animals and the condition of the premises, which inspection shall be made at a date and time set In advance with Tenant.
4. The Lease shall remain in full force and effect and all terms and conditions not herein added or modified shall remain unchanged.
IN WITNESS WHEREOF, Landlord has executed this Addendum as of the day and year first above written.
Landlord:_____________________________________________
Tenant: _______________________________________________"
A pet addendum to a lease agreement provides the landlord and tenant an opportunity to lay out the expectations of both parties early in the relationship. Where pets don’t mix with a rental investment, a pet addendum provides a chance to address those issues before the pet is acquired.
Remember, it is best to have legal documents drafted or reviewed by an attorney experienced in your state’s landlord tenant laws and custom in your region before use.