When renting an apartment or home with a companion animal, tenants must follow specific rules, which can vary based on the type of companion animal (e.g., service animal, emotional support animal, or general pet) and the policies of the rental property. These rules are typically in place to ensure the safety, cleanliness, and comfort of all tenants and to maintain the property. Here's a breakdown of common rules that apply to companion animals in rental situations:

Rules for Service Animals and Emotional Support Animals (ESAs)

Service Animals and Emotional Support Animals (ESAs) are protected under the Fair Housing Act (FHA), which mandates that landlords must accommodate tenants with these animals, even in properties with no-pet policies. However, some rules still apply:

No Pet Fees or Deposits: Service animals and ESAs cannot be subject to pet fees or deposits. They are not considered "pets" under the law. However, tenants can still be held responsible for any damages caused by the animal.
Behavior Expectations: Even though service animals and ESAs are protected, they must still behave appropriately. If a service animal or ESA is causing disruptions, such as excessive noise (e.g., barking or meowing), aggression, or damage to the property, the tenant could be asked to address the issue. Tenants are still responsible for cleaning up after their animals.
Documentation Requirements: Landlords may request documentation from a healthcare provider confirming that the tenant has a disability and that the animal is necessary to help alleviate symptoms. However, landlords cannot request specific details about the tenant’s disability.
No Discrimination: Landlords cannot refuse to rent to someone with a service animal or ESA, nor can they impose special pet policies (such as breed or size restrictions) for these animals.
Reasonable Accommodation: If the tenant requires a specific type of accommodation (e.g., an ESA) due to a disability, the landlord must engage in an interactive process to determine if a reasonable accommodation can be made.

Rules for Non-Service Companion Animals (Pets)

For tenants with non-service companion animals (i.e., regular pets), they must typically follow the rental property’s pet policies. These rules often include:

Pet Fees and Deposits: Many landlords charge a pet deposit (usually refundable if there is no damage) or a monthly pet fee to cover potential damages or extra maintenance caused by pets.
Breed and Size Restrictions: Some properties may impose breed restrictions or weight limits on pets, especially for dogs. For example, certain breeds may be prohibited due to perceived aggression or insurance concerns, and large dogs may not be allowed in some buildings or apartments with limited space.
Number of Pets: There is often a limit to the number of pets a tenant can have. Some properties may allow only one pet, while others may permit more, but limits are common.
Leash Rules and Supervision: Pets, especially dogs, may be required to be on a leash or under control when in common areas (e.g., hallways, courtyards). Landlords may also require that pets be supervised when outside the apartment.
Cleanliness and Hygiene: Tenants are usually responsible for ensuring that their pets don’t create messes or unpleasant odors. This includes picking up pet waste in outdoor areas and regular cleaning to avoid pet odors or damage to the apartment.
Noise Control: Many rental properties have noise restrictions. If a pet, particularly a dog, causes disturbances like barking or howling, the tenant may be required to address the behavior. Continued noise complaints could lead to penalties or eviction.
Pet Insurance: Some landlords may require pet insurance, especially for larger or more potentially destructive animals. This insurance can cover damage or injuries caused by the pet.

General Behavior and Responsibility Expectations

Regardless of the type of companion animal, tenants generally have the following responsibilities:

Preventing Property Damage: Tenants are responsible for repairing or paying for any damages caused by their animals (e.g., chewed furniture, scratched floors, or carpets).
Cleanup After the Pet: Tenants must ensure that pets do not leave waste or mess in common areas, and that the apartment remains clean. This includes picking up pet waste promptly in shared spaces or yards.
Health and Safety: Tenants must keep their pets vaccinated and healthy. Some landlords may require proof of vaccinations, especially for dogs, to ensure that animals do not pose a health risk to others.
Behavior Control: Tenants are expected to ensure that their animals are well-behaved and do not disrupt neighbors. This can include managing aggressive behaviors, preventing pets from digging, or ensuring they don’t damage common property.

Restrictions on Certain Areas

Common Areas: Many properties restrict pets from common areas such as pools, gyms, or laundry rooms. Even in pet-friendly buildings, pets might not be allowed in certain places.
Outdoor Spaces: Some rental properties may provide designated pet areas, like a dog park or a pet-friendly courtyard, where pets can roam off-leash. If these areas are available, tenants must usually ensure their pets are confined to these spaces.

Lease Violations and Eviction

While having a companion animal, particularly a service animal or ESA, cannot automatically result in eviction, tenants can still be evicted if they violate other terms of the lease. For example:

Failure to Pay Rent: Non-payment of rent, even with a companion animal, can lead to eviction.
Property Damage: If a pet causes significant damage to the unit and the tenant refuses to repair it or pay for it, eviction could occur.
Repeated Noise Complaints: If a pet is continuously disruptive (barking, meowing, etc.), the landlord might issue a warning or even begin the eviction process.

Conclusion

In summary, tenants with companion animals (including service animals and emotional support animals) generally do not have to follow traditional "pet rules" such as pet fees, breed restrictions, or size limits, as long as the animal is classified as a service animal or ESA. However, they must still adhere to rules related to behavior, such as preventing excessive noise, ensuring their pets are well-behaved, and maintaining the cleanliness and condition of the rental property.

For tenants with regular pets, they must follow the pet rules outlined in the rental agreement, including paying pet fees, adhering to breed/size restrictions, and ensuring their animals do not cause disturbances or damage.

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