One of the major problems
pet owners experience is finding a home (apartment, condo, or house) to rent that
will actually allow them to bring their pet. Many landlords, property managers
and homeowners are afraid, for one reason or another, to rent to people with
pets.
In most cases, a landlord
will charge a pet “deposit”, meaning that if certain requirements are fulfilled
then the “deposit” or part of the deposit is deemed refundable. However most landlords base their pet
deposits on a number of things such as but not limited to: size of pet, type of
pet, breed specific, as well as number of pets.
Landlords have the right to limit what type of animal will be allowed on
the property, such as dog, cat, reptile, etc.
In most cases multi family landlords do not allow reptiles.
A landlord may legally
charge a deposit as well as an additional fee, labeled pet rent. In most
states, there is no law prohibiting a landlord from charging an extra fee each
month for a pet. This additional fee may be considered pet rent. The
monthly pet rent may be in addition to a pet
security deposit, labeled refundable or non-refundable.
The difference between a
deposit and a fee is that a deposit may or may not be refundable; a fee in
itself is not refundable. So make sure
you understand the concept of the three terms, refundable deposit, non-refundable
deposit and fee.
Service Animals however do
not apply to this standard rule.
According to The Fair Housing Amendments Act of 1988, Section 504 of the
Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act
protect the right of people with disabilities to keep emotional support
animals, and or service animals, even when a landlord's policy explicitly
prohibits pets. However, In
most situations, so long as the tenant has a letter or prescription from an
appropriate professional, such as a therapist or physician, and meets the
definition of a person with a disability, he or she is entitled to a reasonable
accommodation that would allow an emotional support animal in the apartment, and can not
legally be charged a pet deposit (refundable or non refundable) nor can they be
charged the monthly fee of pet rent.