Step 2 – Enter the date of the pet addendum agreement, followed by the date of the lease, the name of the tenant and the landlord. A pet supplement gives permission to allow the tenant to have pets on the rental property. It requires that the tenant be responsible for his pets, which require them to keep their animals under control, that they do not cause excessive disturbance to the property, and that the owner of the pet is responsible for property damage caused by pets. The landlord can set a fee or deposit that the tenant must pay, which is either non-refundable (one-time fee) or refundable (such as a deposit). In addition, the landlord defines the number, type and size of pets that the tenant is allowed to have. This document is legally binding and therefore both parties must comply with the details of this written agreement. Even if your relationship ends without reaching an agreement on these issues, thanks to our thoughtful and forward-thinking justice, pet owners are not without recourse to determining the type of property agreement that their pet is “best for everyone involved.” The pet contract is usually “added” to an existing lease by an addition or modification and becomes part of the original legally binding contract between the owner and tenant. Often, the original rental or rental agreement did not allow pets or remained silent as to whether animals were allowed. If you`re a tenant and want to bring a pet into your home, make sure you don`t violate your lease policies and risk getting an eviction notice! Bring the idea of an addendum to your landlord and discuss it first. At Copps DiPaola Silverman, PLLC, we recently managed to manage a complicated “pet sitting” case involving a seven-year-old dog whose owners separated after eight years of dating.

In this case, we successfully conducted a joint “custody plan” between our client and his ex, which included decisions about where and when the exchange would take place, how the parties would share the costs of care, medication and veterinary care, who would make important medical decisions in the event of an emergency, and what would happen to their dog in the event of death. This type of agreement protects both parties and provides clear advice on how to care for their pet after separation – just like you would for your child at the end of a relationship. A pet supplement (or pet agreement) to a lease is a legal and binding contract between two parties, a landlord and the tenant. It`s also important to note that your landlord may limit the number of pets you keep. For example, depending on the city`s housing department, any household can keep a dog or cat at a NYCHA property. However, according to the Humane Society, many pets are better in pairs – negotiate with your private landlord if you have siblings. . Now that you know the rules, talk to your landlord about pet deposits and rental policies. It`s a small price to pay for your furry friend`s camaraderie. These animals are not really considered “pets”.

These service animals are needed and allowed in public spaces such as movie theaters and banks, and owners are not allowed to discriminate against service dog owners. Courts have made it clear over the years that cases involving pet ownership disputes cannot be treated in exactly the same way as child custody disputes – which apply a “best interest” standard – but they have decided that some sort of hybrid approach – the “best for all parties” standard – is appropriate because a pet is somewhere between personal property and a real child. Some dogs have unfortunately had a bad reputation in America. Check your state and local laws for breed-specific laws, as some cities and counties assume that certain types of dogs are “dangerous” or “malicious” and pose a danger to the public. For example, Miami-Dade County in Florida has a pit bull law that fines people $500 if they own or keep American Pit Bull Terriers, American Staffordshire Terriers, and Staffordshire Bull Terriers. Royal City in Washington also bans Rottweilers, which are defined as a “dangerous dog.” Let`s say the default value of your lease is a no-pet policy. As a general rule, get a yes from your landlord BEFORE you say yes to a cute and fluffy kitten or puppy. If the landlord authorizes a pet, both parties would benefit from a written pet agreement or addendum that clearly describes what is expected now that Fluffy has moved in.

Here, however, it becomes difficult. In order for a request for adequate accommodation for a service animal to be considered adequate, you must answer “yes” to the following questions: Step 3 – Enter the number and type of pets that the tenant is allowed to have. Next, write down the number of books that a pet is allowed to weigh. If the landlord wants to charge a fee or deposit related to the tenant who owns pets, they must enter the dollar amount of those fees/deposits and indicate whether it is refundable or not. Some municipalities also have pet breed bans. In New York, for example, NYCHA properties ban Dobermans, pit bulls, and Rottweilers who were not grandfathers before February 1, 2010. Private owners can also set breed or weight restrictions on their properties, which usually also apply to the breeds mentioned above. Some landlords charge a monthly “pet rent,” while others charge an upfront fee for your furry friend. Monthly versions average between $35 and $50 per pet, and most limit pet ownership to two. A pet surcharge to a lease is used to modify an existing lease so that the tenant can keep a pet. There are exceptions under the Protection of Persons with Disabilities Who Require Service Animals Act.

The Americans With Disabilities Act (ADA) applies to service animals, dogs, and certain miniature horses that are trained for certain tasks for humans, such as. B the retrieval of objects. Traditionally, New York law has treated dogs, cats, and other types of pets as property, just as it treats a sofa or lamp. That is, when a couple separates, the court treats the animal as personal property attributed to one of the parties. By signing a written pet supplement, the landlord grants the tenant permission to have a pet in their home. In return, the tenant agrees that he is responsible for the animal and any damage caused to the owner`s property. We all know that our pets are much more important to us than our home furniture, and New York case law has slowly begun to recognize this fact. In 1999, the court issued the first appeal decision that departed from this traditional property analysis, classifying a pet (in this case, a cat) as a special type of property and recognizing that pets cannot be treated in the same way as our other physical property.

Therefore, emotional support animals (ESAs) fall under the HUD rules. Owners of such animals – which can be of any kind – can not bring them to all public spaces, just as they have trained service dogs. However, when it comes to housing, landlords cannot discriminate under the Fair Housing Act. In this case, the court created a new standard for adjudicating pet ownership disputes – the “best for all parties involved” standard. In the years following this decision, case law further developed and expanded this standard to take into account certain factors, such as: the welfare of the animal, the relationship between the animal and the owners, who was responsible for taking care of the daily needs of the animal, who spent more time with the animal, the family environment of each party, and the physical and financial ability of each party to care for the animal, among other things. We understand that for many people (including us!), pets are much more than just possessed, and we`re here to help protect your entire family, whether they have two or four legs. If you or someone you know is considering adding a pet to the family, please contact us to discuss your rights and potential implications should your current relationship end. .