Pet Addendum to a Lease
A pet addendum adds a pet to an existing lease and sets the rules: which animal, any pet deposit or fee, where the pet can go, and who pays for damage. It protects the landlord without rewriting the lease, and it protects the tenant from being accused of an unauthorized pet. It is also where many landlords make an expensive mistake about assistance animals.
Charging a pet fee for an assistance animal
Under federal fair housing guidance, a service animal or emotional support animal requested as a reasonable accommodation is not a pet, and landlords generally cannot charge pet deposits or pet fees for it. Treating it as a pet, or applying breed and weight limits, can be a fair housing violation. A pet addendum should be used for pets, and a separate process for accommodation requests.
What the template covers
Identify the pet
Type, breed, name, weight, age, and proof of vaccination and licensing where required.
Deposit and fees within limits
Any pet deposit, monthly pet rent or one-time fee, subject to state security deposit limits.
Rules and responsibility
Leash rules, waste, noise, and the tenant's liability for damage and injury.
Signed by everyone on the lease
All tenants and the landlord sign the addendum online; it is attached to the lease.
Fair housing and assistance animals
The Fair Housing Act requires reasonable accommodations for people with disabilities, and HUD's guidance (FHEO Notice 2020-01) explains that assistance animals are not pets and that housing providers generally may not charge pet fees or deposits for them, while tenants remain responsible for damage. Many states limit the total security deposit a landlord may collect, and a pet deposit may count toward that limit. The Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, provides that a signature, contract or record may not be denied legal effect solely because it is in electronic form, and every state except New York has adopted the Uniform Electronic Transactions Act; New York reaches the same result through its Electronic Signatures and Records Act.
A landlord who separated pets from accommodations
A landlord in Tucson used one pet addendum for every animal and charged a flat pet fee. After learning about HUD's guidance, she kept the addendum for pets only and handled assistance animal requests separately, without fees. Tenants now sign the pet addendum online when they adopt a pet mid-lease.
What a pet addendum should include
- Description of each pet: type, breed, name, weight and age.
- Pet deposit, fee or rent, consistent with state limits.
- Vaccination and licensing requirements.
- Rules on leashes, waste, noise and common areas.
- Tenant responsibility for damage and injuries, and signatures of all tenants.
Questions people ask about this
Can a landlord charge pet rent?
For pets, generally yes, subject to state law. For assistance animals requested as an accommodation, generally no.
Is an emotional support animal a pet?
Not under HUD fair housing guidance; it is an assistance animal, handled as a reasonable accommodation.
Can I add a pet in the middle of a lease?
Yes, with a signed pet addendum agreed by the landlord and all tenants.
Can the pet addendum be signed electronically?
Yes, under the ESIGN Act and UETA.
What if the tenant gets a second pet?
Update the addendum and have everyone sign again; an unlisted pet can be a lease violation.
Can a landlord limit breeds or sizes?
For pets, often yes, subject to local law. Breed and size limits generally cannot be applied to assistance animals.
Does renter's insurance matter for pets?
Many landlords require tenants with dogs to carry renter's insurance with liability coverage; the addendum can require proof.