Can a Landlord Increase Rent Because of a Pet?

Renting with pets can be a challenge, and many tenants wonder whether their landlord has the right to increase rent simply because they have an animal. The answer depends on state laws, lease agreements, and pet policies set by the landlord.

1. Can a Landlord Raise Rent Due to a Pet?

Yes, in most cases, a landlord can increase rent to accommodate a pet. This is usually done through:

• Pet Rent: A monthly fee added to the base rent for keeping a pet in the unit.
• Pet Deposit: A one-time refundable security deposit to cover potential damages.
• Pet Fee: A non-refundable upfront charge for allowing a pet.

However, if you already signed a fixed-term lease without a pet rent clause, the landlord cannot increase your rent until the lease expires or is renewed.

• Example: In Austin, TX, a tenant signed a 12-month lease without a pet. Six months in, they adopt a cat. The landlord cannot increase rent mid-lease but may charge a pet deposit if the lease allows it.

2. Does the Lease Agreement Cover Pet Rent?

Some leases explicitly state whether pet rent, pet deposits, or fees apply. If a lease does not mention additional charges for pets, the landlord may need to wait until lease renewal to increase the rent.

• Example: In Seattle, WA, landlords must disclose all pet-related fees in the lease agreement. If not mentioned, they cannot add new charges midway through the lease.

Tenants should always read the lease carefully before signing and clarify any pet-related policies with the landlord.

3. Can a Landlord Charge Extra for Service Animals?

No. Under the Fair Housing Act (FHA), landlords cannot charge pet fees, deposits, or pet rent for service animals or emotional support animals (ESAs).

• Example: In Los Angeles, CA, a tenant with a certified service dog cannot be charged pet rent or fees, even if the landlord typically requires them.

However, tenants are still responsible for any damage caused by their service animal.

4. Can a Landlord Increase Rent at Lease Renewal?

Yes. If a tenant’s lease is ending soon, the landlord has the right to raise rent, which may include additional charges for a pet. This is common in pet-friendly apartments where landlords factor in higher maintenance costs.

• Example: In Denver, CO, a tenant’s lease renewal includes a $50 monthly pet rent increase, which is legal as long as the tenant is given proper notice.

In most states, landlords must provide 30 to 90 days' notice before increasing rent upon lease renewal.

5. Can a Landlord Charge Extra for Specific Pets?

Yes, landlords may charge more for certain breeds, sizes, or species. Many landlords have restrictions on large dogs, exotic pets, or multiple animals.

• Example: In Orlando, FL, a landlord allows cats and small dogs but charges an extra $75 per month for dogs over 50 lbs due to potential damage risks.

6. How to Avoid Unexpected Pet-Related Rent Increases?

If you're concerned about rent increases due to a pet:

• Review your lease agreement before adopting an animal.
• Ask about pet policies and fees before moving in.
• Negotiate with the landlord, especially if your pet is well-behaved.
• Consider pet-friendly apartments that offer reasonable pet rent options.

Final Thoughts

A landlord can increase rent due to a pet at lease renewal or in a month-to-month agreement. However, they cannot raise rent mid-lease unless the lease allows it. Additionally, service animals and ESAs are protected under federal law from extra fees.

To avoid surprises, always clarify pet policies before signing a lease and ensure you understand how pet-related fees are structured.