Understanding Pet Deposits, Fees, and Rent
Key Takeaways
- A pet deposit fee is a security deposit for pet-related damages.
- Pet fees are non-refundable; not all states allow a landlord to charge a pet fee.
- Some properties also charge a monthly rental fee for pets, which can depend on the type of pet and size of the animal.
- State and local laws may limit what fees landlords can charge for pets and when they must waive them.
It can be challenging to find a pet-friendly rental when you want to move with your furry, scaly, or feathered friend. Some renters may not allow pets. Others charge outrageous rent or fees to pet owners. If you have a pet, review your local landlord-tenant laws about pets to protect your rights. This article provides an overview of pet deposits, fees, and rent.
Landlord-tenant pet laws can vary by state, county, and city. Talk to a local landlord-tenant lawyer for more information about pet fee laws where you live.
When Do You Have to Pay a Pet Deposit?
A pet deposit fee is a deposit to cover any possible pet-related damage beyond additional wear and tear. Most landlords charge a security deposit for any rental, usually an additional one month’s rent. If you have a pet, the landlord may charge an extra pet damage deposit fee for potential damages related to having an animal in the house.
If you bring a pet into a new rental, you may have to pay a pet deposit. However, local rental laws may limit how much a landlord can charge for an upfront pet deposit.
A service animal is not considered a pet. According to the Americans with Disabilities Act (ADA), if a property owner requires a pet deposit fee, they must waive it for service animals. The ADA does not consider Emotional Support Animals (ESAs) service animals. However, under the Fair Housing Act, landlords must make reasonable accommodations for disabled tenants, including accommodating ESAs. Your state or city may have additional protections for ESAs.
Are Pet Fees Different From Pet Deposits?
A pet fee is a non-refundable fee you pay a landlord to cover any pet-related damages. Unlike a deposit, you generally don’t get any money back from a pet fee when you leave the rental unit.
Pet fees and pet deposit laws vary by where you live. Some states don’t allow landlords to charge a pet deposit and fee. Other states limit pet fees or set a cap on the fee amount.
For example, Seattle city laws regulate how much a landlord can charge and the types of fees. Property management can charge a pet damage deposit fee of up to 25% of the first full month’s rent. This is not a per-animal deposit and is the same, no matter how many pets you have. Landlords cannot charge an additional pet fee. However, they can charge pet rent.
Can My Landlord Charge Additional Rent for Pets?
Yes. Pet rent is in addition to any pet damage deposit and pet fees. Pet rent is an additional monthly expense instead of a one-time charge. Depending on the local rental laws, the monthly payment may be based on the type of pet or the number of pets. Check your lease agreement to understand all the charges before moving into a new rental property.
You can always try to negotiate pet fees or get a waiver from an understanding landlord. However, many pet fees and policies are already part of the rental agreement. Landlords may not want to waive fees, especially if they think your animal will cause additional wear on the property and common areas.
What Happens to My Pet Deposit When I Move Out?
Security deposits and pet deposits cover damages beyond normal wear and tear. Pet deposits cover property damage caused by pets, including chewed furniture, pet urine stains, and damaged screen doors.
Landlords must return your remaining pet deposit after making the pet-related damage repairs. However, some landlords may try to keep more of the deposit than allowed. To make sure you get your deposit back, you may want to consider:
- Take pictures and videos of the property before moving in and out.
- Get a walkthrough before you hand over the keys to the landlord to identify potential damages.
- Keep a record of any pet damage.
- Ask the landlord for records to back up the costs of repairs.
How Can a Lawyer Help With Pet Fee Disputes?
Some landlords resent tenants with pets. This can be a problem with getting your deposit back after moving out. Landlords may try to increase the pet fees even after you move in. You can try talking to the property manager first, but that doesn’t always solve the problem. You may need help from a legal professional.
A local tenant’s rights attorney will be familiar with the pet policies where you live. Contact a local landlord-tenant attorney for legal advice.
At LawInfo, we know legal issues can be stressful and confusing. We are committed to providing you with reliable legal information in a way that is easy to understand. Our pages are written by legal writers and reviewed by legal experts. We strive to present information in a neutral and unbiased way, so that you can make informed decisions based on your legal circumstances.
