Should you Allow Pets on a Rental Property?
Landlords often have conflicted feelings about whether or not they should allow pets into their rental properties. There are both benefits and pitfalls to not allowing pets into a property, but whether or not you decide to open up your rentals to animals, there are a few things landlords should always know. Here are a few basic things that can help you decide whether or not you should let pets in.
Defining “Vicious Breeds”
If you do decide to allow dogs in your units, there are a few things which you should know. Most places would recommend that you ban vicious dog breeds from your rental properties. This breeds typically include rottweilers, pitbulls, and german shepherds. Most often, these dogs are not actually vicious, and have probably come from owners with abusive pasts. Insurance companies however, have classified certain breeds as dangerous, and it is prudent to check which ones they deem vicious before you open your property up to all dogs. These types that your insurance does not cover, will not be covered under your homeowner’s policy. Once you do open your property to pets, most landlords recommend that you do unannounced visits on your property, to ensure that there are no unexpected pets which are not on the tenant’s lease. Any animals you do not expect should be documented, for posterity.
Pet Agreements and Information
Additionally, you can protect yourself by creating pet policies and adding a pet agreement into your lease. It’s important that when your tenant signs this pet agreement, you collect as much information about the pet as you can. This includes a picture of said pet, any veterinary information, including a history of vaccinations, and a pledge to the pet’s non-violent tendencies. Pets certainly have a reputation for being highly destructive, and while the young ones may be, most pets are not. When you are vetting tenants, it’s important to discuss their pet’s nature, to discern whether or not the pet may cause damage to your rental unit. Through the vetting process, you can also find out how the tenant cares for their pets and property, which can help clue you in to how the tenant will fix any damage their pets may cause.
Service or Emotional Support Animals
A special situation in which a landlord’s pet policies do not apply is when a prospective tenant requires a service or emotional support animal. Landlords cannot refuse tenants because these animals are not considered “pets.”
Who Do You Let in and Where?
Some landlords only allow pets in some units. Since animals are far more likely to damage properties with hardwood floors, some landlords only allow pets like dogs in properties with tiles. Other landlords only accept certain pets, or accept pets in one property. If none of your properties are a good match for a type of pet, or for any pets at all, that is something you should disclose up front.
Pet Rents and Deposits
One thing landlords recommend to ensure the condition of their properties are preserved, is to offer a refundable pet deposit. This provides pet owners with a monetary incentive, while a non-refundable deposit does not. Placing money on the line will ensure that most renters will put effort into fixing any pet-related damage. Additionally, many landlords will charge a pet rent throughout the course of a tenancy, so that even if their tenant does not pay for the damages they cause, the pet rent can help cover the costs. Pet rent can run from $10-$50 a pet each month, and can act as a safety net. If you do not collect a pet rent, or an additional pet security deposit, and there is more damage than the regular deposit covers, you will have to charge the tenant to cover the cost for cleaning and repairs. You will have to charge them after your tenant has moved out, when they may be difficult to track down.
Laws and Liability
While there are some general laws in place as to where liability lies, it is often decided in the details of a case by case basis. Technically, under what are known as “common law” rules, someone who knows a dog is dangerous, or is negligent whether they are the owner, or are a caretaker may be equally liable. In states where there are strict liability statutes around dog bites, the definition of an owner is relaxed to define a person who is keeping a dog, though how this is defined varies. And while the definition varies state by state, it is also important to keep local ordinances in mind, since their definitions may be more broad.
Fortunately for landlords, it is actually very rare that they are found liable for any injuries caused by a tenant’s dog. By just having a dog on a property a landlord leases, they cannot be held responsible. In order to be liable, in most cases, a landlord must know the dog was dangerous, and could have had it removed, or to have been watching, or “keeping or harboring” the pet, and therefore had some control. Depending on the state, it must be proven that the landlord knew the dog was dangerous, and had the power of removal, in order to hold the landlord liable. In some cases, landlords are not seen as liable even if they knew their tenant’s dog was likely to hurt someone.
Final Thoughts
There are many important factors to consider when you think about opening your rental properties up to pets. Many people have concerns about dogs, especially when it comes to property damage and the possibility of lawsuits. While there are potential problems that come with opening your rental properties to pets, there are also major benefits. When you make homes available to people with pets, there is often less of a wait time when you are searching for a new tenant, since people with pets are always searching for a place to live.
