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The allowance of pets within ones rental unit can be the deciding factor of getting a suitable tenant for the property or not. Many buildings allow pets, with certain rules of course, and the landlord is advised to consider allowing pets in his or her rental unit. There are certain guidelines and tips that can make the pet friendly unit a win-win for both parties and are well worth considering when drafting a rental agreement.

There are certain inherent risks that come along with allowing pets onto one's rental property; this can range from damage to the property caused by the pet or pet induced injuries that can be sustained on the property. The following will serve the landlord as a guideline, should he or she wish to allow pets on the rental property.

• Pet Agreements

A separate pet agreement should be formulated and attached to every single lease or rental agreement. This agreement should be referred to accordingly, within the lease agreement and should be agreed upon and signed by each and every tenant when signing the lease agreement. This should be included with non pet owners, so that in the event that the tenant acquires a pet, the agreement will be enforceable according to the policies defined.

• Pet Policies for Incorporation into the Pet Agreement

  Types of Pets

Along with the type of pets allowed, the quantity of pets must also be specified. The majority of landlords should include a list of the allowed pets, which normally include domesticated animals, such as dogs, cats, birds, fish and so forth.

Tenants Pets Only – it is recommended that the agreement stipulates that the tenants pets are allowed on the property to prevent the tenant or visitors from caring for other peoples pets on the premises – which if this does occur can increase any potential damage to the property.

Size and or weight – the landlord can specify that a dog be under a certain weight or size, which can be stipulated in addition to the above or in isolation. This is also a way of enabling the landlord to reduce liability of potentially large and dangerous dogs damaging the property or causing injury to someone on the property.

Dangerous Breeds – some buildings rules and landlords prefer to not allow or ban dangerous dog breeds from the building or apartment respectively. This is due to the possibility of dangerous or violent tendencies of some breeds, like pit bulls or related breeds. This can have an impact upon whether an insurance company will pay out a claim in the event of something happening caused by this type of breed, as many insurer explicitly exclude these issues. Hence one should check the liability policy carefully.

•   Pets Approved Policy

The landlord is encouraged to inspect the pet(s) and question the tenant with regard to these pets, prior to approving the pet to be allowed on the property. This will enable you to gauge exactly what type of pet and the nature of the pet that will be present on the property. This must also be specified in the lease that the pet should be approved by the landlord. Further questions that can be asked include:

- How long has the tenant had the pet?
- Where did the owner get the pet, or where will they get the pet?
- Who will care for the pet, when owner is away?
- History of any damage caused to the property if applicable.

The stipulation of the Pet Approval must be brought to the attention of the tenant, as well as the fact that this is enforceable according to the signed agreement. The tenant should also be aware that the landlord retains the right to ask for the pet to be removed upon non compliance of the agreement as well as issues such as continued and severe property damage caused by the pet owner.

•   Pet Licenses, Identification and Vaccination Records

The owner of the pet must comply with any local laws, by laws or ordinances that are specific to the area where the rental unit is located. The tenant must comply with these regulations and must ensure that their pets are sufficiently identified via collars and identification tags or any similar and suitable identification means. The tenant must provide proof of vaccination and identification upon request.

•   Tenants Responsibility for Pets

Specific stipulations and discussions must be made and entered into with the landlord and the tenant in ensuring that the tenant takes responsibility for their pet in terms of picking up and cleaning up after their pets as well as controlling them sufficiently that the pets do not become a source of irritation for the neighbors. It is important to highlight that the pet owner does not leave the pet unsupervised or in common areas for prolonged periods of time.

Further responsibility can be placed upon the tenant via the insistence that the tenant takes out an insurance policy covering the potential damage to property, as well as any injury suffered caused by bites that may occur on the property.

•   Pet Fees

Depending on location the landlord can insist upon charging a 'pet' deposit in addition to any other deposit. This will be held to repair any potential damage or to be utilised in cleaning the apartment after the tenant and pet have vacated the apartment.

There are some downfalls to the pet fee, and deposit. The landlord is advised to possibly increase the deposit and broadly describe the need thereof so that he or she is not limited in terms of the legal wording of the rental document or lease agreement.
In the event that a person keeps a companion animal, such as the case of blind people with their guide dog, a fee or deposit is not allowed to be requested as the animal is there for the assistance of a person with a disability.

•   Pet Agreement Flexibility

Ensure that the wording of your pet agreement works in your favour and allows you to make additions, deletions or alterations after a specified and reasonable time frame, such as 30 days notice. This will alow you the flexibility of changing any requirements that need to be addressed according to your rental requirements.

Consider implementing a clause that allows tenants to bring their pets with, but upon their demise no further pets will be allowed. This will allow the tenant to at least have their pet for the pets last remaining days, and allows the landlord to appear compassionate and caring for the tenant and their needs. This would be more relevant to those not wanting to implement a pet friendly policy, but a great tenant may be worth the flexibility in this instance.

There additional policies that may be implemented, but one does not want to be too constrictive on these requirements but rather with a flexible approach that will increase the pool of prospective tenants. Ensure that a full understanding of your stipulated policies, in accordance with your rental agreement will guarantee that a suitable agreement and relationship with your tenant(s) will ensue.