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Pet Addendum to Lease
This addendum is part of the lease dated between (landlord) and (tenant) for .
1. Approved pets. The tenant may keep only these pets: . No other animal may live in or regularly visit the unit without the landlord's written approval.
2. Charges.
| Refundable pet deposit | None |
| Nonrefundable pet fee | None |
| Monthly pet rent | None |
The pet deposit is held with the security deposit and returned under the same rules, less lawful deductions for damage caused by the pets.
3. Care and rules. The tenant will keep each pet licensed and vaccinated as local law requires; keep dogs leashed or carried in common areas; pick up and dispose of waste right away; keep pets from disturbing neighbors; and not leave a pet unattended long enough to cause harm or nuisance.
4. Damage. The tenant is responsible for any damage or injury a pet causes, including cleaning, pest treatment and repairs beyond normal wear and tear.
5. Breaking these rules. If the tenant breaks this addendum, the landlord may give written notice to fix the problem, and may require a pet to be removed as the lease and state law allow.
6. Assistance animals. This addendum does not govern an animal the landlord must allow as a reasonable accommodation for a disability under fair housing law. Those requests are handled separately.
Landlord
Tenant
Date:
What a pet addendum to lease should include
The pets and the money
- Each approved pet: type, breed, name and weight
- Refundable pet deposit, nonrefundable pet fee and monthly pet rent
- What the nonrefundable fee is for (required in Arizona)
- That no other animals are allowed without written approval
The rules
- Licensing and vaccinations as local law requires
- Leashes in common areas, waste cleanup, noise
- Tenant pays for pet damage beyond normal wear and tear
- What happens if the rules are broken
Attach the addendum to your lease agreement (or the month-to-month lease) and have everyone sign it. Record the unit's condition at move-in with the move-in checklist, so pet damage can be shown later.
Pet deposit, pet fee and pet rent: state caps
A refundable pet deposit is money held as security, so in states that cap deposits it generally sits under the same cap as the security deposit. California is explicit: "security" means "any payment, fee, deposit, or charge" imposed at the beginning of the tenancy, so even a nonrefundable pet fee counts (Civ. Code § 1950.5(b)). Example: on $2,000 rent in California, a $1,800 deposit plus a $100 pet deposit and $200 pet fee totals $2,100, which is over the one-month cap of $2,000. In Arizona, $1,600 rent with a $1,600 deposit and a $400 pet deposit is $2,000, under the 1.5-month cap of $2,400.
| State | Deposit cap | Does a pet deposit count? | Statute |
|---|---|---|---|
| Arizona | 1.5 months' rent, security "however denominated" | Yes, if refundable. A fee not designated nonrefundable is refundable, and the purpose of any nonrefundable fee must be stated in writing. | A.R.S. § 33-1321(A)-(B) |
| California | 1 month (2 for a qualifying small landlord, unless the tenant is a service member) | Yes: "security" means any payment, fee, deposit or charge imposed at the start of the tenancy, so a pet fee counts too | Civ. Code § 1950.5(b)-(c) |
| Michigan | 1.5 months' rent | Statute does not mention pets | MCL 554.602 |
| New Jersey | 1.5 times one month's rent | Statute does not mention pets | N.J.S.A. 46:8-21.2 |
| New York | 1 month's rent for any deposit or advance | Statute does not mention pets | Gen. Oblig. Law § 7-108(1-a)(a) |
| North Carolina | 1.5 months (month to month); 2 months (longer terms) | A reasonable nonrefundable pet fee is allowed | Gen. Stat. § 42-51(b); § 42-53 |
| Pennsylvania | 2 months' rent in year one; 1 month after that or on renewal | Statute does not mention pets | 68 P.S. § 250.511a |
| Virginia | 2 months' periodic rent, security "however denominated" | Yes, if refundable | Va. Code § 55.1-1226(A) |
| Florida | No statutory cap | Set in the lease | Fla. Stat. ch. 83, Part II |
| Texas | No statutory cap | Set in the lease | Prop. Code ch. 92, subch. C |
From each state's official statute text, read October 29, 2026. Cities can add rules. The builder checks your amounts when you pick a state. Not legal advice.
Assistance animals: fair housing still applies
An assistance animal a tenant needs because of a disability is not handled through this addendum; the template says so. What has changed is HUD's guidance, not the Fair Housing Act:
- HUD withdrew FHEO-2020-01 (its 2020 notice on assistance animal requests) and FHEO Notice 2013-01, effective September 17, 2025. The Federal Register notice (April 6, 2026) says withdrawn documents "should not be relied upon as authoritative."
- In a May 22, 2026 enforcement memo, HUD's fair housing office said that "for complaints related to animal-related reasonable accommodations, FHEO will find reasonable cause and recommend charges only for those cases involving animals trained to provide disability-related assistance" (HUD memo).
- The memo describes the 2020 notice as saying pet fees could not be charged for untrained emotional support animals, and cites a July 2025 federal district court decision that waiving a generally applicable pet fee for an emotional support animal "was neither reasonable nor necessary." That is one court's ruling, as HUD describes it.
The withdrawal notice also says "any actions that do not comply with the text of the Fair Housing Act continue to be subject to enforcement by the Department" (Federal Register), and tenants can still bring their own claims. State and local fair housing laws can set their own rules. Until the law settles, handle each assistance animal request individually, in writing, and do not apply this pet addendum's fees to it without advice from a fair housing attorney.
Pet agreement for renters: tips that prevent disputes
- Approve pets by description, not just "one dog," so a second animal is clearly a breach.
- Keep the pet deposit separate in your records from the main deposit, and itemize pet damage on its own line when the tenant moves out; the security deposit return letter builder has a line for each deduction.
- Screen pets the same way for every applicant and write the policy into your rental criteria; see the rental application template.
Frequently asked questions
What is a pet addendum?
A signed attachment to the lease that names the approved pets and sets the pet deposit, fee or rent and the rules for keeping them, such as leashes, waste cleanup and responsibility for damage.
Can a landlord charge a pet deposit and a pet fee?
In most states the lease sets them, subject to deposit caps. A refundable pet deposit generally counts toward the state's deposit cap; California counts any fee charged at the start of the tenancy, and North Carolina expressly allows a reasonable nonrefundable pet fee.
Does a pet deposit count toward the security deposit limit?
Where a state caps deposits, a refundable pet deposit is held as security. Arizona and Virginia cap security "however denominated," and California's cap covers any payment, fee, deposit or charge at the start of the tenancy.
Can landlords charge pet fees for emotional support animals?
The federal guidance that said no (FHEO-2020-01) was withdrawn effective September 17, 2025, and HUD's May 22, 2026 memo narrows its own enforcement to trained animals. The Fair Housing Act itself still applies, so get fair housing advice before charging.