Law, About "New York courts have long recognized the validity of ‘no-pet clauses’ in leases, and harboring a pet when a lease contains a ‘no-pet clause’ constitutes a substantial breach of the lease agreement. This agreement is legally binding and is an addendum to the rental lease between both parties. Pet Authorization and Pet Description. If your lease discusses pets, it may have restrictions regarding the types or numbers of pets you're allowed to have. Can't find your category? Available for PC, iOS and Android. This includes detailing to you whether or not you can have a pet on the premises. For more information on pets … (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), tenants to have pets on the rental property. Rental Lease Agreement Templates | Residential & Commercial, Emotional Support Animal Lease Addendum (.pdf), Section 8 (HUD) Elderly Housing Pet Addendum (.pdf). If My Lease Has A No-Pet Clause, But I Want To Bring A Pet Onto The Premises, What Should I Do? Step 4 – Further down the page, the date must be provided where indicated (day, month, year). If you suspect an unauthorized pet on your property, investigate the situation and send the proper notice your tenant. Owner grants permission to Tenant to keep the Pet described above (and no other pets) at the aforementioned premises, subject to the Terms and Conditions of the Lease Agreement. What Are Pet Clauses? LegalMatch Call You Recently? Your lease will usually require our written consent before you may keep a pet in your apartment. First, explicitly forbid any pets on the premises, even temporarily. Step 2 – Enter the date of the Pet Addendum agreement, followed by the date of the Lease Agreement, the name of the tenant and the landlord. That any damage to the exterior or interior of the premises, grounds, flooring, walls, trim, finish, tiles, carpeting, or any stains, etc., caused by the pet will be the full financial responsibility of the resident and that resident agrees to pay all costs involved in the restoration to its original condition. Pet shall not be fed or watered directly on any carpeted area in the rental unit. Prior to signing, a pet deposit or monthly pet fee can be discussed with the landlord and negotiated. Because this agreement specifically prohibits keeping pets without the Owners' permission, Tenants agree to the following terms and conditions in exchange for their permission: 1) Tenants agree that they are solely responsible for the maintenance of the above described pet, and agree to keep their pet under control at all times. No pets shall be allowed at ANY time. Your lease agreement should clearly state your pet-policy and outline what will happen if an unauthorized pet is discovered. (Your lease should refer to the pet rules and incorporate them as part of your lease.) If I Think My Landlord Has Unfairly Evicted Me For A Violation Of A No-Pet Clause, What Should I do? Keep a signed copy of the lease stored safely where it can be easily retrieved if needed. This pet agreement contract is between [INSERT APARTMENT COMPLEX/PROPERTY NAME HERE] and [TENANT NAME] and concerns the pet (s) that will reside in the rental property. We've helped more than 5 million clients find the right lawyer – for free. In residential leases, landlords have the power to decide whether to allow tenants to have pets on the rental property. 7) Tenants agree to keep their pet from being unnecessarily noisy or aggressive and causing any annoyance or discomfort to others and will remedy immediately any … In residential leases, landlords have the power to decide whether to allow tenants to have pets on the rental property. When the lease comes up for renewal, generally a landlord is free to change its terms. Ken joined LegalMatch in January 2002. If a landlord does allow his tenants to have pets under a lease, he can require certain features, such as: Violating a no-pet clause constitutes a breach of the lease, thereby entitling a landlord to terminate your lease and evict you. But even if the tenancy agreement does say NO PETS permitted, a landlord can change his/her mind with written permission. The Pet shall be considered to be on the Premises until the Pet is confirmed removed in writing by the Landlord. If your landlord knows that you have been housing a pet in violation of the lease and yet has not done anything about it for a substantial period of time (i.e. The lease covering the premises provides that no pets are permitted without the landlord’s prior written consent. Additionally, if you feel that your landlord is unfairly evicting you for housing a pet or is trying to charge you excessive damages that he claims were caused by your pet, a real estate attorney can advise you of your rights and whether you have a viable cause of action. Neither the landlord nor tenant can unilaterally change its terms while it is in effect. Include a "Pet Agreement" in the Lease You can reduce the additional risks created by having pets on your property by creating smart pet policies, putting them into a "pet agreement," and including the agreement as part of your lease. Did For each following day the pet remains on the Premises, Tenants will charged an additional pet fee of $10.00 per tenant, per day. Tenant shall prevent the pet from doing any damage to the rental unit or common areas or other rental units in the building or complex. Most good tenancy agreements will have a pet clause, but what it stipulates can vary from contract to contract. This protects you in case, for example, you decide not to allow dogs in the future. The lease you signed may have clauses regarding your landlord's process for adding a pet to your lease. Estate If you have a no-pets policy, state that pets are not allowed under any circumstances and if a tenant has one, it will be considered a breach of contract. It is advised that when letting to tenants with pets, landlords and agents include fair and reasonable clauses in the Tenancy Agreement asking the tenant to accept responsibility for any additional damage caused by the pet. Even though landlords may refuse to rent to someone with a pet, it's harder for a landlord to change the rules if a tenant already has a pet. In addition, if you and your landlord have a dispute regarding some other term of the lease (such as his failure to fix something wrong with your apartment) and he suddenly decides to evict you based on your violation of the no-pet clause, then you may have a claim for retaliatory eviction. Next, write the number of pounds that a pet is permitted to weigh. Services Law, Real Law, Intellectual Even though the document may be added at a later time, the pet addendum is still a legally binding part of the lease. Tenant shall not permit the infestation of the unit by fleas or other vermin caused by the pet. Create a high quality document online now! Real Estate Lawyers, Present If a landlord tells you that you can keep your pet, make sure she crosses this clause out of the lease and that you both write your initials next to the clause. Can I Be Evicted For Violating A No-Pet Clause? State that you have the right to make changes to the pet agreement as long as you give proper notice, at least 30 days. Fill out, securely sign, print or email your pet addendum to lease form instantly with SignNow. (This may not be the same place you live). What Are Some Common Features Of Pet Clauses? Keep in mind that service animals cannot be restricted. All rights reserved. Pet Addendum To Lease. Typically, landlords will not allow tenants to have pets because of the potential damage to the rental unit and the liability that could arise from injuries to other people caused by the pets. I 1. & Pet Addendum Form For Landlords (Including Free Sample!) Second, state the actions you will take if a violation is found, including charging additional fees. It requires the tenant will be responsible for their pet(s) requiring that they keep their animals under control, that they do not make an excessive disturbance on the property, and that the pet owner is responsible for any property damage by the pets. An example of a pet clause would be: It is further agreed between the Landlord and Tenant that the Landlord grants permission for the Tenant to keep a pet {insert animal type and breed} named {insert animal name} Step 1 – Download in Adobe PDF, Microsoft Word (.docx), and Open Document Text (.odt). Copyright 1999-2021 LegalMatch. This lease clause should clearly spell out what pets are allowed if there is a deposit required, the consequences of finding unapproved pets in a tenant’s apartment, the liability that pets can create, as well as fees for damage the pet has caused to the apartment. Make sure the pet you plan to adopt fits within these restrictions. 3 months), then he may have implicitly waived the no-pet clause. Ken is an active member of the American Bar Association, San Francisco Bar Association, and the California Lawyers for the Arts. Depending on the landlord’s decision, pet clauses will be included in the lease describing whether or not a tenant can have pets on the premises. You can enforce that policy by including a no-pets clause in your rental lease agreement. A pet addendum gives permission to allow the tenant to have pets on the rental property. Prior to joining LegalMatch, Ken practiced Law for four years in San Francisco, California, handling a wide range of cases in areas as diverse as Family Law (divorces, child custody and support, restraining orders, paternity), Real Estate (property ownership, landlord/tenant disputes for residential and commercial property), Criminal Law (misdemeanors, felonies, juvenile, traffic infractions), Personal Injury (automobile accidents, medical malpractice, slip and fall), Entertainment (recording contracts, copyright and trademark registration, licensing agreements), Employment Law (wage claims, discrimination, sexual harassment), Commercial Law and Contracts (breach of contract, drafting contracts), and San Francisco Bankruptcy (chapter 7 personal bankruptcies). This is a clause that prohibits pets or requires the landlord's written permission before you can keep a pet. In cases where a pre-existing lease is being changed or an already-signed lease needs to be amended, the pet addendum allows you to add pet-related rules and terms to the binding lease contract. LegalMatch, Market The term “pet” includes any animal, whether mammal, reptile, bird, fish, rodent, or insect. No-Pet Clauses in Leases Not Legal - Smith Proulx. Because the above listed Lease Agreement clearly states that pets are not allowed without the Owner's permission, the Tenants hereby agree to the following terms and conditions in exchange for the Owner's permission: The tenant hereby agree to keep their pet under control at all times. If you are subject to certain fair housing laws, though, you cannot enforce a no-pet policy on a tenant or prospective renter who has an emotional support animal or a service animal. 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