Landlord/Tenant: LAURENE H. YOUNG, (B) MPM, RMP, REALTOR

LAURENE H. YOUNG, (B) MPM, RMP, REALTOR
Young Hawaii Homes, Inc.
2011 President, Oahu Chapter
National Association of Residential Property Managers

Q. My tenant wants to have a pet but I’m not sure whether I should allow it. What if it causes damage to my unit? What is the difference if they have a service or comfort animal?

A. According to estimates based on surveys, 40-60% of households in the US have pets, so allowing pets can sometimes get you a renter quicker. You can collect a pet deposit that could be used to compensate the landlord for any damages caused by the tenant’s pet. The pet deposit amount is negotiable, so long as you do not exceed the equivalent of one month’s rent. This pet deposit is collected in addition to the regular security deposit and, like the regular security deposit, is refundable at the end of the tenancy if there are no damages. You cannot charge a pet deposit for an assistance animal that is a reasonable accommodation for a tenant with a disability under Section 515-3 of the Hawaii Revised Statutes (Discriminatory Practices). An assistance animal includes service animals (animals that have been individually trained to do a specific function for the benefit of the person with the disability, for instance a seeing eye dog) and comfort animals (animals that provide companionship and help with anxiety but are not specifically trained to help people with disabilities).

There is also nothing that prohibits you from charging an added monthly rent for the pet. Some tenants are willing to pay an extra $25 $100 a month to keep their “best friends” in their lives. That amount is negotiable and non-refundable. You would probably charge less for one small dog than you might for a couple large indoor dogs.

The regular security deposit can be used for damages caused by any tenant (whether human or pet), for failure to pay rent, failure to return keys, key fobs, parking cards, garage door openers or mail box keys. It can also be used if the unit is not in as clean a condition at the end of the tenancy as it was at the start, except for normal wear and tear. It can be used for utility charges such as electricity, water, sewer or gas that the tenant was responsible to pay under the rental agreement. It can be used if the tenant wrongfully quits the dwelling, in other words, leaves without giving proper notice or before their lease is over. A pet deposit, however, can only be used for damages caused by the pet. So, if the humans caused all the damage, you can only use the regular security deposit for the damages. If the pets caused all the damage, you can use both security deposits. If it’s something in between, you’ll have to try to figure out which one caused the damage and prorate the charges.

All tenants with pets should sign some type of pet addendum. The animal should be housebroken, should not bark excessively nor be aggressive. It should be in the tenant’s control at all times. You can also insist on basic cleanliness issues.

You should require that all tenants have renter’s insurance. If you require that ALL your tenants have renter’s insurance, you can require that someone with an assistance animal also have renter’s insurance. Renters should notify their insurance companies if they have a pet so that they are covered in case their pet causes harm to someone. Some insurance companies will not cover “dangerous breeds” but it all depends on the company and the dog. If the dog cannot be covered by the tenant’s insurance company, you might not want that animal on your property.

There are some things you cannot do if someone has an assistance animal. You cannot charge a pet deposit. You cannot charge added monthly rent. You cannot have the tenant sign a pet addendum, though you can require that they follow some basic rules, just as other tenants do. You cannot require insurance if you do not require insurance from all your other tenants. If the tenant has a letter that their dog is a comfort animal you must allow it, even if it is considered a “dangerous breed.” But, if the tenant is not in control of their animal and it becomes aggressive or ever endangers someone, you have the right to “evict” the animal.

A couple other things to note. If the tenant has a letter from a qualified professional stating that he needs two or more assistance animals for different purposes, you must allow those animals. For instance, the comfort animal may be for anxiety and the service animal for seizures. But, you do not have to allow their animal to have a comfort animal. You must allow your tenant’s guest to bring their comfort or service animal onto your property so long as that animal is behaved, is in the guest’s control and that the animal waste is being properly disposed.