Pet Policy for Rentals: How to Set One That Protects Your Property

A pet policy that's not written down is a future security-deposit lawsuit. Below: the legal landscape (which fees are allowed where, ESA rules, breed restrictions), the addendum elements every policy needs, and a sample you can adapt.

About 67% of US households own a pet. That means if you refuse all pets, you're turning away two-thirds of the applicant pool — and in a soft rental market, that decision has a direct cost. On the other side, a poorly written pet policy means you're absorbing carpet replacement, door-frame damage, and odor remediation out of a security deposit that wasn't sized to cover it. The answer is a written pet policy that charges correctly, excludes appropriately, and holds up when you need it to.

Pet rent vs pet deposit vs pet fee (legality by state)

Three different financial instruments exist for pets, and they're not interchangeable. Getting this wrong means either charging something you legally can't or losing the ability to recover actual pet damage.

Pet deposit: A refundable deposit held separately (in most states with security deposit rules, this must be held with or as part of the security deposit). The tenant gets it back minus documented pet damage. States that cap security deposits typically cap pet deposits within that same limit.

Pet rent: A monthly add-on to the base rent. Nonrefundable. Typically $25–$75/month per pet. This is revenue — it prices the wear-and-tear risk into the monthly rate rather than holding a lump sum. Pet rent does not satisfy a damage claim; it's separate from what you can recover at move-out for actual damage.

Pet fee: A one-time nonrefundable fee charged at lease signing. Typically $200–$500 per pet. It compensates you for the additional processing, documentation, and wear expectation that comes with a pet-owning tenant.

State-by-state legality quick reference:

Practical approach: In states that prohibit nonrefundable fees, use pet rent (recurring, clearly labeled as rent in the lease) instead of a pet fee. In states that allow nonrefundable fees, you can use both a pet fee (upfront) and pet rent (monthly). In all states, track pet-related expenses and damage separately from the general security deposit deductions — this makes the accounting cleaner at move-out.

ESA and service animal rules (HUD)

This is the section where most landlords have misconceptions, and the misconceptions are expensive.

Service animals vs emotional support animals — not the same thing:

What you cannot do with ESAs:

• Charge a pet deposit, pet fee, or pet rent for an ESA
• Deny a housing accommodation for an ESA because of a no-pet policy
• Require a specific certification or registration (online "ESA certificates" are not legally valid — what matters is a letter from a licensed healthcare provider who has a relationship with the tenant)

What you can do:

• Require a written reasonable accommodation request
• Require documentation from a licensed healthcare provider (therapist, psychiatrist, physician) that the tenant has a disability and the ESA provides therapeutic benefit — you cannot require the specific diagnosis
• Deny the request if it would impose an undue hardship or if the specific animal poses a direct threat that can't be mitigated
• Hold the tenant responsible for any damage the ESA causes (using the security deposit, documented at move-out)
• Deny a specific animal if it poses a direct threat (a documented aggressive history, for example)

The practical ESA handling process:

1. Tenant submits a written reasonable accommodation request
2. You confirm receipt in writing
3. Tenant provides a letter from their licensed healthcare provider
4. You review and respond within 10 business days (a reasonable timeline most jurisdictions accept)
5. You approve or deny in writing with your reasoning

Keep all ESA documentation in the tenant file. If you deny, consult with a fair housing attorney first.

For tenant screening generally — including how to handle accommodation requests in the application process — see our fair housing tenant screening guide.

Breed restrictions: legal where, banned where

Breed restrictions are legal in most states at the landlord's discretion. A small number of jurisdictions restrict your ability to use them.

States/cities where breed restrictions are limited or banned:

• California (some cities): San Francisco and several Bay Area cities have local ordinances that limit breed discrimination. Statewide, no restriction.
• Michigan: Landlords cannot discriminate based on dog breed in most cases.
• Nevada: Some provisions limit breed-based denial.
• Cities: Denver CO, Miami FL, and several others have BSL (breed-specific legislation) at the city level that may either ban certain breeds outright or restrict what landlords can do.

Where breed restrictions are legal, the most commonly restricted breeds are: Pit Bull (American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier), Rottweiler, Doberman Pinscher, German Shepherd, Akita, Chow Chow, and similar large-jaw/high-strength breeds.

If you use breed restrictions:

• State them explicitly in the addendum: "The following breeds are not permitted: [list]"
• Apply them consistently to all applicants
• Note that breed restrictions do not apply to service animals (a Pit Bull trained as a service dog must be accommodated)
• ESAs are more nuanced — a well-documented ESA of a restricted breed can create a fair housing accommodation question. Consult counsel before denying.

Insurance consideration: Many landlord insurance policies exclude coverage for specific breeds. Review your policy and ensure your restrictions align with your coverage — the policy may require exclusions that go beyond what you'd independently choose.

Pet screening

Pet screening services have become standard in well-run PM portfolios. PetScreening.com is the most widely used platform.

What pet screening provides:

• A pet application that documents the animal (species, breed, weight, age, vaccination records, photo)
• A FIDO score (0–5) based on the pet profile — similar to a tenant credit score for pets
• ESA documentation review — PetScreening verifies whether submitted ESA documentation meets HUD standards, which helps you make defensible decisions
• A centralized record that follows the pet (tenant can take the profile to future rentals)

What to charge: PetScreening.com charges tenants approximately $20–$25 per pet to complete a profile. This fee can be passed to the tenant in your application process.

How to use it:

1. Add a pet policy statement to your listing (e.g., "Pets considered. All pets must complete a profile via PetScreening.com prior to approval.")
2. Once an applicant is approved as a tenant and wishes to add a pet, require the pet profile before the addendum is signed
3. For ESA requests, direct the tenant to use PetScreening's ESA documentation review service — this creates a paper trail and uses a standardized review process

For service animals: Do not require PetScreening or any documentation beyond the two ADA-permitted questions. Using a screening service for service animals is a violation.

Lease addendum elements

A standalone pet addendum (not just a paragraph in the lease) is the standard approach. It makes the terms explicit, requires separate signature, and can be added or modified without re-executing the full lease.

Required elements in every pet addendum:

1. Tenant and property identification: Name, unit address, lease date
2. Pet description: Name, species, breed, weight, age, color/markings — and a photo attached
3. Pet approval clause: "The following pet(s) are approved under this addendum. Any additional or substitute pet requires prior written approval."
4. Financial terms: Pet rent amount (if any), pet deposit amount (if any), pet fee (if permitted in your state)
5. Vaccination and licensing requirements: "Tenant shall maintain current vaccinations per [state/local] law and shall provide proof upon request."
6. Pet care and control clause: Tenant is responsible for any damage caused by the pet, for containing the animal per local ordinance, and for cleaning up waste
7. Damage clause: "Tenant is responsible for all damage caused by the approved pet, including but not limited to carpet damage, door frame damage, stain/odor remediation, and yard damage. These costs are in addition to and not limited by the security deposit."
8. Noise/nuisance clause: Excessive barking or pet behavior that disrupts neighbors is a lease violation
9. Violation remedy clause: Violation of this addendum is a material breach of the lease, subject to notice and cure procedures per the lease
10. ESA/service animal carve-out: Clarify that this addendum does not apply to approved service animals or accommodated ESAs, which are governed separately

For more on what goes into the base lease, see our complete guide to what to include in a lease agreement.

Sample addendum

This is a simplified template. Have it reviewed by an attorney licensed in your state before use.

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PET ADDENDUM TO LEASE AGREEMENT

This Pet Addendum is entered into as of [date] and is incorporated into the Residential Lease Agreement dated [original lease date] between [Landlord/PM name] ("Landlord") and [Tenant name(s)] ("Tenant") for the premises located at [property address].

Approved Pet(s):

Photo of each pet is attached as Exhibit A.

Financial Terms (where applicable under state law):

• Pet rent: $[amount] per month, due with monthly rent
• Pet deposit: $[amount] (refundable, subject to move-out inspection)
• Pet fee: $[amount] (nonrefundable, due at addendum signing) [DELETE IF NOT PERMITTED IN YOUR STATE]

Tenant agrees:

1. To maintain current vaccinations required by state and local law and provide proof within 5 business days of request.
2. To immediately clean up all pet waste from the premises and common areas.
3. That the pet shall not cause damage, noise disturbances, or nuisance to other tenants or neighbors.
4. To notify Landlord immediately if the approved pet is replaced, added to, or removed from the household. Substitution or addition of a pet without prior written approval is a lease violation.
5. To be responsible for all costs associated with repairing pet-caused damage, including carpet replacement, subfloor treatment, stain/odor remediation, and landscaping damage. These costs are not limited by the security deposit and shall be charged as applicable.

A violation of this addendum constitutes a material breach of the lease.

TENANT SIGNATURE: ___________________ Date: _________

LANDLORD/PM SIGNATURE: ___________________ Date: _________

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FAQ

Can I have a strict no-pet policy? Yes, with one exception: you must accommodate service animals and (with proper documentation) emotional support animals, regardless of your no-pet policy. A blanket no-pet policy that also refuses service animals is a Fair Housing violation.

What if a tenant gets a pet without telling me? This is a lease violation. Issue a cure-or-quit notice requiring the tenant to either obtain proper approval (per your addendum process) or remove the pet. Document the unauthorized pet in writing. Don't ignore it — the longer it continues without documentation, the harder it is to enforce later.

Can I limit pet size or number? Yes. You can cap weight (e.g., pets under 25 pounds) and number (e.g., no more than 2 pets). Apply the policy uniformly and state it clearly in your listing and addendum.

If a pet causes damage that exceeds the security deposit, what can I recover? You can pursue the balance in small claims court. A well-documented pet addendum, combined with a before/after photo record and itemized repair invoices, is your evidentiary foundation. This is why the addendum matters — verbal pet agreements are nearly impossible to enforce in court.

Can I increase pet rent during a tenancy? Pet rent is part of the monthly rental obligation. Any increase requires the same notice as a rent increase — 30 or 60 days depending on your state's rules. In rent-controlled jurisdictions, pet rent increases may be subject to the same caps as base rent.

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This isn't legal advice. Consult an attorney licensed in your state before finalizing your pet policy.