Please outlaw Pet Rent. Texas currently has no laws or regulations set to protect renters from being over charged pet fees. While a Negotiable up front deposit is typically collected by the Landlord at the beginning of a lease, a new trend is to write the pets in as "Tenants" and charge extra rent for them.

In order to help establish Ethical Regulations for Pet Deposits and Reasonable Fees, I have put together a Rough Draft for what Standard Pet Fees should be.  These numbers are based on Renting apartments and houses in the state of Texas for 10 years and the average of the prices for renting with my pets.

1. No Landlord in Texas may Charge a  Tenant Pet Rent If a Pet Security Deposit has been collected at the beginning of the Lease.

2. Any Pet Deposit secured at the start of a lease must be used to repair damages to the unit that may be caused by the pet living in the unit.  The remainder of the Deposit may be refunded to the Renter if the damages do not exceed the "Normal Wear and Tear" Clause that is explained in Lease Contracts.

  2. (a) If Renter's Insurance is secured for the Unit and is used to pay for damages caused by a pet, it must be documented that the Funds used to pay for the damages are  from a separate Account and do not deduct from the Pet Security Deposit.  Renter's Insurance is often required to cover damages caused by Natural Disasters and Property insurance in the event of a Criminal Break in.  Additional coverage may be included for pets, or purchased in Addition to the basic coverage Renter's Insurance offers.  

  2. (b) If a Tenant with a pet leaves the Rental Unit in poor conditions, which make the repairs cost more than the total Sum of the collected Deposits, The Landlord may withhold all Deposits.  If the Tenant feels this lack of refund is a violation, they may go to Court and dispute the Damages.  Before taking the matter to Court the Landlord and Tenant should try to discuss the damages and reasons for withholding deposits.  

3.  If a Landlord wishes to Negotiate Pet Fees and Affordability to accommodate a Tenant's budget (for people on Disability or Retirement), The Deposit may be split up into monthly payments added to the rent.  

  3. (a) The Extra Fee shall be directed to the Pet Deposit Account that should already exist for All Tenants with pets.  The Total Collected Fee shall not exceed the standard Pet Deposit amount set by the state.  For Example: If the pet deposit for one house cat is $200, with proper negotiation and lease amendments, The Landlord may charge $16 per month, in a 12 month lease.  This Fee is to be directed into the Pet Fund account, saved, and then applied to move out procedure at the termination of the lease.  Terms must be set in writing and signed by both the Landlord and Tenant if the lease is broken early to address financial responsibility of the Lease Breaker with a partial deposit paid for.  

  3. (b) If the Landlord and Tenant have agreed to settle the Pet Deposit through a flat rate monthly fee, The Deposit Fee may only be charged until the Balance is paid in Full.  If the Tenant chooses to renew their lease, No Additional Pet Fee may be applied since the Balance was paid In full and the Tenant will continue to occupy the same unit.

4. For Landlords owning Less than 50 Rental Units:  Standard First and Last month's Rent Security Deposit may be collected with a Predetermined Refund agreed upon, depending on the condition of the Rental Unit when the Tenant moves out.  

  4. (a) Pet Deposits may be charged starting at the rate of $150 per pet and shall not exceed the cost of $800 per pet.  A portion of the Deposit shall be withheld for Cleaning fees and Damage repairs.  The Deposit amount should be determined by the size and breed of the pet. An Indoor/Outdoor pet may require the maximum Deposit if the Landlord provides Landscaping (a house with a yard), Gated Pet Parks and other animal approved "recreational" areas,  in order to maintain these areas that the pet may damage without extra fees.  If the pet is indoor only and does not need special facilities, the minimum or appropriate Deposit must be considered before signing the Lease Contract.  

  4. (b) The Pet Deposit shall he held in a separate account reserved for Cleaning and Repair Fees.  The Pet Deposit may be withheld if the Pet causes damages to the unit that Exceed the Sum of the Collected Deposits.

  4. (c) Pet Deposit Refunds shall be determined at the signing of the lease contract.  Any refundable Deposit will be returned to the Tenant within 30 Business Days of the Termination of the Lease.  

 

5. Landlords and Property owners Leasing more than 50 Units may collect the standard First month and Last month Security Deposit, with the refund Predetermined at the signing of the lease.  All refunds are subject to be withheld if the Tenant destroys the Unit or leaves damages that need repairs that Exceed the Deposit paid. 

  5. (a) A Pet Deposit may be collected at the signing of a lease starting at the rate of $200 to $500 Per Pet depending on size, breed, and anticipated pet damages.  The Deposit shall be placed into a separate account to be used specifically for covering the costs of any damage to the unit caused by pets.  

  5. (b) If the Tenant is in a Lease contract that requires the Tenant to pay for Renter's Insurance, the Tenant has the option to have pets covered in the Insurance Policy.  If the Tenant uses the Insurance to pay for any pet damages before the Lease ends, it shall be documented that the Insurance Policy was used instead of the Pet Deposit.  The Pet Deposit shall not be deducted from, or any amount, withheld from the Refundable Portion of the Deposit.

  5. (c) Pet Deposit Refunds shall be determined at the signing of the lease contract. Any refundable Deposit will be returned to the Tenant within 30 Business Days of the Termination of the Lease.

This simple explanation of Pet Terms and Deposit Regulations can keep thousands of domesticated pets from being sent to animal shelters.  This proposal of standards also holds both the Landlord and the Renter responsible for their actions and the welfare of the pets.  If a Tenant treats their home poorly and does not house train their pets they should have to pay for the repairs.  Collecting a Deposit up front and returning the Refundable portion to the Tenant is a good business practice.  If Landlords are held responsible for returning these fees to Tenants that leave no damages, the process of renting a home will become safer for the consumer.  This part of the Renting Market remaining unregulated is robbing people every day.

 In my lease it states that in addition to the $200 per cat Deposit, that they will also charge $10 per cat, per month for the duration of the lease.  I am also required to pay a $12 renter's insurance fee (which also covers animal damage).  Right there you have 3 separate Fees, two of which are non negotiable and non refundable.  The $400 I spent on the pet deposits might not be refunded at all.  While I am not a law student or real estate agent, this rent raising loophole seems more like a financial noose to trap tenants that thought they found affordable housing.  For example, my "quoted" rent is $590.  What I pay to live here with my pets is $644.  That is quite a difference. 

This Pet Rent includes Cats, Dogs, Birds, Fish, Reptiles, and Caged Mammals approved by the pet criteria.

Digging further into this matter I discovered reasons for Outlawing the Double Charge for a pet.   It was found to be Unethical, Price Gouging, and some reports say redundant.  The Pet Deposit system was created to cover the potential damages that can be caused by a pet.  No other fee needs to be charged once the right to live with your pet has been established on the lease, and paid for.  Simple.  

I would like to make one final point about Pets and the community.  Pets are dependents.  They do not get issued keys, they do not have access to the pool, they cannot use the fitness center, they cannot sign a contract.  They depend on a human to feed them, provide fresh water, and maintain their health and sanitation needs.  As the responsible caretaker I happily agree to pay a pet deposit to help cover any damage.  It is fair to the Landlord and it is fair for the next renter to move in to a clean unit.  What is not ethical is the excuse to raise my rent based on having pets, and refusing to set the Pet Rent aside to assist in any pet damages, since the fee is "For Pets".