To protect their rental properties from damage caused by pets, some landlords require pet fees, pet deposit, or pet rent. Is it legal to charge pet rent and pet deposit?
Nowadays, most people own animals as pets, and they treat them as members of the family. According to a study, dogs, cats, freshwater and saltwater fishes, and birds are the most common pets.
It makes sense, therefore, for landlords to consider allowing pets in their rental properties. By doing so, however, landlords expose their property to potential damage caused by pets. To protect their property and avoid pet-related costs, landlords charge a pet fee, pet deposit, or pet rent.
Read also: 3 Pet-Friendly Fabrics for Your Home
Pet deposit vs. pet fee vs. pet rent
A pet fee is a one-time and non-refundable charge. The fee is charged upfront to allow a pet on the property and cover any pet-related costs. On average, pet fees range between $50 and $500.
As opposed to a pet fee, a pet deposit is a refundable charge. A pet deposit is collected along with the security deposit before a tenant can move into a place. If there is no pet-related damage to the property when the tenant moves out, the landlord must refund it.
Otherwise, the landlord must provide the tenant with a list justifying the use of all or part of the pet deposit money. Typically, a pet deposit will be used to cover damages and losses, including broken appliances, urine stains, holes in the wall, flea infestation, and wall and floor scratches.
A pet rent, on the other hand, is a monthly recurring fee. It is an amount added to the regular rent, and it is now becoming a more widespread practice. The amount of this fee ranges from $10 to $100 per month.
Pet rents are additional income to landlords since this fee is on top of the rent costs. Charging pet rents is more common to large establishments and apartments, and the amount of charge varies depending on pet type and number.
Mostly, renters with cats are paying a lesser amount than renters who own a dog. However, both pets can potentially cause damage to the property. Bigger pets can be charged higher than smaller ones. Some landlords do not charge pet rent on birds and fishes.
Is it legal to charge pet rent, pet fee, or pet deposit?
While all states allow the collection of security deposits, the same cannot be said about the pet deposit. According to Nolo, some states allow the collection of pet deposits, with some states imposing a cap on the amount. That said, pet fees and pet deposits are not always allowed.
As for pet rent, it is considered a discretionary charge. In most cases, a landlord can include it in the lease agreement. Check your state and local laws regarding pet fees, pet rents, and pet deposits.
However, landlords are never allowed to charge any form of pet fee for service animals and emotional support animals because technically, they are not pets.
