Article Summary of the Pet Agreement Form
The Texas Association of Realtors Pet Agreement Form is a specialized addendum utilized in the leasing process for properties that allow pets. It provides a structured framework for both landlords and tenants to address the unique considerations and responsibilities associated with animal companions. This form is particularly important in the context of real estate transactions that involve leasing or renting a property where pets may be present.
The Pet Agreement Form is used to clearly articulate the expectations of both the landlord and the tenant with respect to the pet’s effect on the property and the potential for damage . The form addresses areas such as alterations to property, damage, and disposal of waste in specific locations, all of which are directly related to having pets on the premises. By using the form, the parties can ensure that all necessary precautions are discussed and responsibilities are apportioned at the outset of the lease.
Having a clear and concise agreement regarding pets is essential for preventing conflicts between landlords and tenants. It can also help homeowners assess any potential issues and whether having a pet on the property is a good fit for a given tenant. By utilizing the Texas Association of Realtors Pet Agreement Form, both parties are better equipped to handle their respective obligations as they relate to the pet and its habitat.
Essential Parts of the Pet Agreement Form
The Texas Association of Realtors (TAR) Pet Agreement Form is a structured contract designed to facilitate pet ownership in rental properties while protecting the interests of landlords. These forms are used by landlords and residential rental real estate agents across Texas. For you, the landlord, knowing the sections of a TAR Pet Agreement Form is just as important as for the resident tenant. Let’s explore the major components of the form.
Pet Policy Terms
These are the terms and conditions associated with your pet policy. These include nothing that could be considered outside of what the tenant signed as an agreement. These are simple things like required deposits or the fees for a late rent payment. As a landlord, it’s important that this section is filled out as clearly as possible. As we’ve talked about elsewhere on our blog, keeping clear on the terms makes it much easier to be fair in all of your actions. For example, you can’t request a larger pet fee than you have listed on your agreement. If your form states the pet agreement fee is $500.00, it must be exactly that amount assessed to the tenant. It can’t be more or less.
Tenant Obligations
This is a list of the obligations and restrictions that all resident tenants must abide by when housing pets. For example, one standard obligation is taking care of one’s pet even if it is staying with someone else. Similarly, most pet agreements permit landlords to require proof that a resident tenant’s pet is insured. While some will specify, others will levy a fine on tenants who make noise that neighbors can hear. It is important to keep in mind that these fines need to be clear in your rental agreement and the Texas Legislature and Courts take a dim view to excessive fines.
Security Deposit
When it comes to security deposits, a Texas eviction attorney can only calculate the fees and deposits in accordance with Texas law. By taking a security deposit, a resident tenant is agreeing that a certain amount of money is to be held until such a time that it will be returned to them. Or, as is commonly the case, some minor portion of the withheld deposit will be expended on damages, lost rent, garnishment for unpaid bills, or other such outstanding costs. Additionally, the security deposit section is where owners will note the amount of money held on a resident tenant’s pet while the resident tenant lives in the property. Finally, this is where exemptions to withholding a portion of the security deposit for damage by a pet are to be found. Again, these may be included in other locations and a good Texas eviction attorney will locate the cash expended by the landlord for damages caused by either.
Legal Elements and Issues Arising from the Pet Agreement Form
Renter and landlord must agree on pet ownership, or potential pitfalls await.
The contract to have a pet in a rental does not guarantee the tenant will have a pet, and there are other pitfalls that can occur.
The Texas Association of Realtors Pet Agreement Form is a legally binding contract between landlords or property owners and their tenants, which gives the tenant the right to keep pets and/ or other animals on the premises. If there are hidden fees for having a pet, this is the time to find out, such as the deposit amount if the pet damages the apartment. This also gives landlords a chance to decide which pets are allowed, or if they want to allow pets at all on their property.
However, the form says the pet lives in the unit, but doesn’t guarantee the tenant has a pet. There is wiggle room if the tenant decides not to keep a pet, and just chooses to sign the contract. It also does not guarantee the type of pet the tenant originally planned to keep in their new apartment.
If the landlord wants to disallow pets, the tenant cannot move into the unit with animals. If, however, pets are allowed, the tenant should not make any assumptions about the types of pets, deposit amounts or other considerations that may be needed for the rental of an apartment. This form is not intended to clarify any legal implications. Always consult an attorney if there are any questions.
Advantages of the Form for a Landlord and Pet Owner
Solutions can start with open and frank discussions between the parties. Whether your tenants leave all holes open or they are meticulously neat, using the TAR Pet Agreement Form can help you avoid problems. Legal representatives for communities have reviewed and endorsed the TAR Pet Agreement Form. This form should be used in addition to the Texas REALTORS® Lease Agreements – not instead of – but in addition to. If you do not address pet issues in writing, you may not be able to charge for damages a tenant causes, or worse yet, if you ask the pets to depart or attempt to evict the tenant for a pet-related issue, you may end up in court to explain your position to a judge. In that case, you’ll wish you had a signed agreement. Landlords and tenants may use the Texas REALTORS® Pet Addendum – or any legal form – to address breed restrictions, deposits, pet diapers, pet rent, fees, pet-related insurance, pet waste disposal, and a host of other issues you deem necessary to keep the many animals and people in your property happy. Even the acts of feeding one sweet kitty daily should be signed. It protects the landlord in two ways. The landlord has documentation of tenant responsibility and a disclaimer that the landlord will not be held liable for liability or injury related to the cat. It can also protect (and annoy) the tenant by preventing another tenant’s pet from bothering the first tenant’s pet. When discussing pets, be sure to first determine what pets you will allow at your properties. Our members generally accept dogs and cats but see more demand for a variety of birds, reptiles, and small mammals. We see even more homeowners associations starting to allow small to medium-sized exotic pets. More on that in a later blog post. Pet inventory should be posted on the community website and even visible when you show the property. It should be easy for prospects to find as part of a checklist or comparison of communities. When a prospect calls about early pet approval, we answer questions about restrictions. Landlords and community managers must treat all applicants the same. It’s vital for all prospects to be required to sign a Pet Addendum. We feel even the process of signing should be standardized across the community.
Frequently Asked Questions about the Pet Agreement Form
Who is responsible for paying large vet bills due to pet damages?
While it is true that the section of the form dealing with vet bills says that the pet owner is responsible for them, there are limits. First, the amount owed by the pet owner is reduced by the amount of any security deposit held by the landlord to cover damages. Second, a residential tenant has the right under the Texas Property Code to recover damages for repair inside their unit from a residential landlord only if the repairs are "necessary to remedy a condition that materially affects the physical health or safety of an ordinary tenant." This doesn’t exclude other types of damages, normally those would not be large enough to justify a lawsuit in small claims court. Third, the pet owner has the defense that any damages were caused by the act or negligence of someone other than the pet owner or the pet. Fourth, the pet owner can always assert mutually agreed upon damages as a defense even if they are more than minor damages. Finally, if there are serious injuries cause by the pet, either the pet owner or the landlord can often file a damage action against the pet owner under Texas common law for negligence. Even if the party bringing the suit is a commercial party, the common law principle in Texas does hold that a small commercial tenant can recover damages for negligence by the tenant or the tenant’s employee.
Can the Texas Association of Realtors Pet Agreement Form be used for an emotional support pet?
The TAR Residential Lease Form has three sections where a pet may be included , the TAR Residential Lease Form, the TAR Residential Lease Application, and the TAR Pet Agreement Form. It is important to note that the RENTAL APPLICATION does not limit the type of pet that can be included on the application. In the RESIDENTIAL LEASE FORM, it does not limit the type of pet to a dog or cat, nor does it limit the type to an emotional support animal. The LEASE FORM just requires that the applicant state that they have a pet, and pay to the landlord a pet deposit. Finally, the PET AGREEMENT FORM does not use the term "emotional support animal" but rather describes a "pet" as "any domesticated animal, bird, or fish, including a dog, cat, rabbit, hamster, guinea pig, chinchilla, ferret, turtle, snake, lizard, iguana, toad, parakeet, cockatiel, finch, one freshwater fish, or one marine fish that is in an aquarium tank of up to 12 gallons." While one should not confuse the term "emotional support animal" with "service animal," for this third section of the forms, the TAR forms do not have that limitation. Therefore, a request for a support animal is not precluded by the TAR forms. You will need to negotiate the right to have a support animal with your landlord or property manager. If they will not agree, you may wish to negotiate provisions allowing you to terminate the lease without penalty.
Securing and Completing the Pet Agreement Form
One can obtain a blank Texas Association of Realtors Pet Agreement Form to add to or replace the standard TAR lease form if the parties to the lease have agreed to have a pet in the rental property.
This form is available free at the Texas Association of Realtors website and is generally accompanied by a TAR Resident’s Pet Policy and Agreement that also must be initialed by the tenant. The form also is commonly used when there is a pet on the property, yet the lease agreement originally drafted did not include the form or the policy. The TAR form requires the tenant to identify the animal to be kept as a pet or service animal (if a service animal, the companion animal must comply with all governmental requirements and restrictions that apply). The TAR form is fairly complicated and requires the landlord and tenant to initial various provisions. Due to the complexities, I suggest that you also refer to our sample pet agreement for guidance.
Real World Examples
Case Study 1: Responsible Pet Management
Jean and Robert, a couple in their late 30s, moved into their new rental home with their two well-behaved poodles, Sparky and Daisy. They both agreed to sign the Texas Association of Realtors pet agreement form and paid the owner the $300 deposit, which included a $200 non-refundable pet fee and a refundable $100 pet cleaning deposit. In this case, the non-refundable pet fee and refundable pet cleaning deposit helped maintain transparency and ensure that the landlord had the funds available to cover any unexpected expenses that may arise as a result of pet damage or additional cleaning needs.
Case Study 2: Enforcing Pet Restrictions
Ariana and Stavros, both in their early 50s, signed a lease without mentioning their indoor cat , Snowball. In accordance with the Texas law requiring a pet owner to care for their pet and to not allow the pet to disturb fellow tenants, Ariana kept Snowball indoors at all times and cleaned up after him. Unfortunately, Ariana’s neighbor complained about cat hair, complaining that it gets into her own living space and clothing. Even though their relationship with the landlord was solid, the landlord followed the same protocol as in case study 1 and charged an additional $300 pet fee, which he kept for any future cleaning to be done while the cat was living in the property. The neighbor did not want to sue, and the landlord is not planning to hire out additional cleaning, but is keeping the deposit without refunding it back to Ariana and Stavros. In this case, the pet fee was collected before the pet even moved in, and did its job in covering any grievances from other tenants.
