My rental criteria for pets.

August 27, 2007

I found a reasonably comprehensive pet lease on another site and made a couple of changes that I thought were necessary. You can access here. Let us know if you found it helpful – or felt additional changes were necessary, feel free to share your changes/modifications. Thanks!

My rental criteria for pets. SAE is a notation that service animals are exempt from the requirement.

I accept German Shepherds and most LLs do not, so you might want to add that to the list of rejected breeds that follows.

1P- Dogs must pass an interview that shows they have a reliable temperament and good manners and that their owner can control them.

2P- Dogs and cats will be rejected if they have any history of biting or attacks on humans or attacks on other animals.

3P- Dogs will be rejected if they are fully or partially of the following breeds, or appear to be of the following breeds: (SAE)
Pit-Bull, Doberman Pincher, Rottweiller, Akita, Chow-Chow, Tosa Inu, Presa Canario, Dogo Argentino, Ban Dog, any of the Russian Shepherds, Kerry Blue Terriers.

4P- Applicants will be rejected for misrepresentation of the breed of their dog.

5P – Mammals must have proof of current rabies vaccination and proof of neutering. (SAE- neutering, only, rabies vaccination required)

6P- No puppies allowed. Dogs must be 12 months of age or older, unless they are a terrier. Terriers must be 18 month of age or older (SAE)

7P- Applicants will be rejected if they say they will get rid of their pet in order to be accepted to rent the house.

8P- Applicants will be rejected if they claim their dog is never allowed in the house, or they will chain the dog in the yard.

9P-Applicants will be rejected for the possession of poisonous, dangerous, or illegal pets, or endangered species.

10P- No livestock and no noisy birds will be permitted, except in the farm rentals with written permission for the landlord. (SAE)

11P- Applicants can be rejected for intact animals and /or animal breeding. (SAE to neutering only.)

12P- Applicants can be rejected for not having their pet under control, turning their dog loose without a leash, and or being unable to control the pet.

13P- Applicants will be rejected if their dog appears to be dirty or badly cared for. (SAE)

14P- Applicants will be rejected if their dog appears to be fearful, wary of strangers, timid, or aggressive. Applicants will be rejected if their dog growls or glares. (SAE from timid clause only, not exempt concerning aggression)

15P- Applicants can be rejected if they do not know what they are going to do with their pet when they are not at home. The pet owner must have a plan for caring for the pet. (SAE- but note: service animals are expected to go with their owner; otherwise they probably do not qualify as a service animal)

16P- Applicants must be able to provide a veterinary reference for their dog or cat. Applicant will be rejected if the pet has never received any veterinary care. (SAE, except for rabies shot or rabies titer requirement)

17P- Applicant will be rejected if the pet does not have a good landlord reference that indicates there have been no complaints of excessive barking or of damage done by the dog, or of the dog threatening humans.

There must be in the agreement the fact that the agreement will continue until one or the other party chooses to terminate it. The number of days and relation (if any) to the beginning/end of a rental period needed to terminate the agreement must be included. There should be NO end date in the agreement.


What’s the difference between a service animal, companion animal, therapy animal, and emotional support animal?

May 29, 2007

Service animals are legally defined and recognized (Americans with Disabilities Act, 1990) by Federal laws which protect the rights of individuals with disabilities to be accompanied by their service animals in public places. A service animal is not a “pet“– it is any animal that has been trained to assist a person with a disability. A service animal is not subject to a ‘No Pets’ policy, a pet deposit, or additional cleaning fees and service animals are the ONLY animals that can accompany their handler/owner anywhere without restriction.

Although most people are more familiar with the term service dog rather than service animal; this specialized training is not limited to dogs, but includes birds, Capuchin monkeys, pot-bellied pigs, and even miniature horses!

Federal laws do not extend the same recognition to the following:

1. Therapy animals work with a health-care professional as part of a treatment plan. Dogs that do visitation are also commonly called “therapy dogs”.

2. Companion animal is simply another term for ‘pet’.

3. Emotional Support animals provide companionship, relief from loneliness & depression, and similar support can be allowed in housing (even “No Pet” housing) without the requirement of a pet deposit, however they don’t have access to public places.

As a landlord you have the right/obligation to ask for confirmation from the applicant’s healthcare professional or physician; however you do not have the right to inquire about the specific disability (ies). (Always retain tenant-related information in their file.)

GO8 Tip: When you meet a person with a service dog, please remember that the dog is working. Don’t do anything to interrupt the service dog while it is performing its tasks.

1. Speak to the person first.
Do not try to attract the service dog.
2.
Do not touch the service dog without asking for, and receiving, permission.

3.
Do not offer food to the service dog.


Things to consider when renting to a tenant with a dog…or cat

April 16, 2007

Things to consider when renting to a tenant with a dog…or cat

A landlord may not want a dog or cat on a rental premise. It is legal for a landlord to deny a tenant’s application if they have an unwanted pet.  However, in many states it is unlawful for a landlord to deny a tenant’s rental application if a dog is assisting a blind, deaf, or otherwise disabled tenant.  In addition to causing unwanted property damage, a landlord may be liable for injuries caused by a renter’s pet.  Although it is not easy to hold a landlord responsible if the pet does not belong to the landlord, there are certain things every landlord should consider when leasing to renters with a pet.

Home Owners Insurance & Renters Insurance

Your home owner’s insurance policy may have a dog exception in it. Always check your insurance policy for restrictions that apply to dogs in rental housing. Unfortunately, dog attacks are a growing and serious problem. Since the 1990s, dog attacks have become one of the biggest single reasons for home insurance claims, with claims running to more than $300 million a year!  Some dogs are almost uninsurable and breed and weight restrictions are common. If your insurance policy does not cover you for your renter’s dog, then require any tenant with a dog, and possibly a cat, to obtain adequate Renters Insurance and add yourself to their renters policy as an additional insured.

Decreased Turnover

On the other hand, allowing a pet can actually decrease your turnover in tenants.  Tenants with a dog or cat often have a hard time finding a “pet friendly palace” and this can discourage them from moving. There is nothing better then a long term renter and, if allowing pets decreases turnover, it makes sense to allow them as long as you are adequately protected from liability and damage.

 

 

GO8 Tip:  Personally, as a Section 8 landlord, I do allow pets with some restrictions. I do not accept any pet that is banned by insurance….no dangerous or banned breeds and a 40 pound weight limit. To protect myself, I add the specific type of pet, the breed, the animal’s weight, and even the name to the pet agreement.  A sample Pet Agreement form that includes indemnification language and covers most of the basics is available from in FORMS.  I also require a $200 non-refundable pet fee, not a security deposit.  Finally, I do require proof of Renters Insurance naming myself as an additional insured. The unit I am renting also has a lot to do with my decision on whether to allow a renter to have a pet.  Obviously, a $200 fee does not cover new carpeting and damage to wood floors.  For this reason, I typically don’t allow pets in homes with wood or carpet flooring.  I have found that limiting pets to rental homes with fenced yards and tile flooring greatly minimizes risk and headache.