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Dealing with Legal but Uncommon Animals in Rentals

Dealing with Legal but Uncommon Animals in Rentals

Renters nowadays own pets that go beyond the usual cat or dog. It is completely normal to have a hedgehog, ball python, chinchilla, parrot, or sugar glider as a pet. But you may not see these animals often as a landlord. But still, you should be aware of how to handle them. With a clear written policy, you can make life easy when handling such pets. Read on and let us show you how to do it.

What Constitutes an Uncommon Pet in a Rental?

Landlords typically encounter dogs and cats. But did you know there’s a whole zoo beyond those two pets?

Exotic pets that you may come across include:

  • Snakes, lizards, and turtles
  • Raptors or large parrots
  • Small mammals such as ferrets, hedgehogs, and sugar gliders
  • Amphibians and large aquariums
  • Insects and spiders kept as pets

While all of these animals may be legal in your state, local municipalities often have restrictions. For instance, the City of Baltimore bans all exotic animals,  even ones that may be legal in other Maryland cities. Local laws always trump state laws, so look into yours before moving forward. What’s allowed in one zip code may well be illegal in another nearby one.

Beyond that, just because an animal is legal to own doesn’t necessarily mean that it’s a good idea to allow it in your unit. Is it safe? Is it manageable? Is it fair to your other tenants? Landlords can attract more applicants by setting guidelines for unusual legal pets. You need to keep that in mind and find answers to the questions above.

Assessing Risk vs. Reward

Renting to tenants with unusual pets can decrease vacancy and appeal to more renters. However, exotic and uncommon pets also pose legitimate dangers. Follow these tips to balance the risks and rewards.

Evaluating Specific Risks

Every pet has its own issues. Giant snakes might require bulky tanks that damage floors. Parrots can be very loud, leading to noise complaints. Lizards can run away and creep out your neighbors. Exotic animals can spread deadly diseases to humans.

Require the tenant to supply at least these documents:

  • Evidence that the pet is legal where you operate
  • Veterinarian records that prove the animal is healthy
  • A plan for where and how the animal will be housed
  • Copies of permits required by your local jurisdiction

This ensures you have a paper trail and that your tenant understands how to be a responsible pet owner.

How the Pet Might Affect Other Tenants

Don’t forget to think about the rest of your building. Could this pet’s smell permeate common areas? Will it run around your halls or other neighbors’ doors? Is it liable to scare your other tenants?

Birds are notorious for being loud. Reptile escapes are extremely unlikely, but could bother your other tenants. Even something as simple as the odor from a large aquarium can spread beyond the rental unit.

If you’re worried, you can talk to your current tenants. While you shouldn’t rent based on other people’s fears, your tenants should feel comfortable in their home, too. Good landlords take all tenant concerns into consideration.

Drafting Specific Pet Addendum

Pets’ addendums are signed documents attached to a lease. They lay out which pets are allowed in the rental unit and which rules apply to them. Since uncommon pets vary greatly, you should not use a standard pet policy. Create a customized addendum for unusual pets.

Your addendum should include at least these things:

  • A detailed description of the pet (breed, size, age)
  • Where in the unit the pet will be housed
  • Requirements for containment, cage size, and securing the animal
  • Requirements for cleaning and preventing odors
  • Quiet hours if the pet is noisy
  • What the tenant is liable for if the pet causes damage
  • A clause that allows you to inspect the pet with proper notice

It’s also a good idea to charge a pet deposit or monthly pet rent. That way, if any damage occurs, you can use that money to solve the problem. Give your tenant the addendum before move-in and have them sign it. If you find it difficult to work on this on your own, you should work with a property manager. Consulting a Baltimore rental property manager ensures all local zoning ordinances are strictly followed.

How do Fair Housing Act Guidelines Apply to Unconventional Animals?

The federal Fair Housing Act (FHA) prohibits discrimination against tenants with disabilities. Landlords must make reasonable accommodations under the FHA, such as allowing a tenant to have an animal you normally wouldn’t allow, even if it’s unusual.

Reasonable accommodations are most often needed when a tenant has an Emotional Support Animal (ESA). An ESA, by definition, is not considered a pet under the law. Instead, it’s an accommodation for a person with a documented mental or emotional disability. You can’t charge pet deposits or rent for ESAs. You can’t even enforce breed or size restrictions.

Essentially, the FHA tells you to:

  • Take every ESA request seriously, even if you have a no-pets policy
  • Ask for reasonable documentation, like a letter from a mental health professional
  • Respond to the accommodation request in a reasonable amount of time

But you can still deny ESA requests. If the animal would pose a direct threat to safety that can’t be mitigated, cause undue destruction to the property that can’t be mitigated, or if the tenant won’t provide documentation for the ESA, you can legally deny the request.

The FHA also covers service animals. Service animals perform certain tasks for people with disabilities. Like ESAs, you must allow service animals even if you have a no-pets policy, and you can’t charge fees for service animals.

Just because an ESA doesn’t have to be a cat or dog doesn’t mean tenants can request any unusual animal. You could get a request for an ESA rabbit, bird, or even miniature horse. Review each request individually and talk to a local attorney if you have questions.

Final Words

Uncommon pet rentals are more common than you think. You just need to have a clear pet policy to deal with such situations. It will not only help you attract more tenants but also ensure the protection of your property and other tenants.