Pets and Rental Properties: Laws and Policies Surrounding Pet Ownership

Pets are common in Florida rental housing, and so are questions about how landlords can approach pet policies. Thoughtful planning on the front end can help landlords, property managers, and owners manage risk, protect property, and maintain good tenant relationships.

Why Pet Policies Matter for Landlords

1. Pets can affect property condition, noise levels, and neighbor relations. Clear policies about pets can reduce uncertainty and help resolve disputes when issues arise.
2. Many tenants treat pets as family members and may look specifically for “pet-friendly” housing, which can influence vacancy rates and marketing.
3. Laws affecting service animals and emotional support animals overlay any private pet policy, so private rules need to sit alongside those legal requirements without conflicting with them.
4. Written leases that address pets, deposits, and obligations in plain language tend to be easier to enforce if a dispute goes to court or eviction.

Landlords often work with Cobb Cole’s Real Estate Law group to align lease terms with practical property management concerns, including pets, damage risk, and tenant screening.

Pets Versus Assistance Animals

A helpful starting point is to distinguish ordinary pets from animals that qualify as accommodations for disabilities.

1. Typical pets are animals a tenant chooses to keep for companionship, subject to whatever pet policy the landlord adopts.
2. Service animals are trained to perform tasks for a person with a disability. Under federal and Florida law, housing providers generally must allow service animals even in buildings that prohibit pets, and cannot charge extra fees for the animal itself.
3. Emotional support animals are not required to be trained in the same way as service animals, but Florida law recognizes them in the housing context. Section 760.27, Florida Statutes, addresses prohibited discrimination in housing related to a disability-related need for an emotional support animal.

For landlords, the key point is that service animals and emotional support animals are not treated as “pets” for purposes of no-pet rules and many fees. A building can be “no pets,” yet still have residents with service animals or emotional support animals as reasonable accommodations.

Designing Pet Policies for Rental Properties

A consistent, written pet policy is easier to apply across units and tenants. Common elements include:

1. Whether pets are allowed at all, some landlords prohibit pets in smaller buildings. Others allow them with conditions, such as size limits, species restrictions, or caps on the number of animals.
2. Screening and approval. Landlords may require prospective tenants to disclose pets in the application, provide vaccination records, and identify breeds or weights. Policies should state whether any breeds or types are not permitted.
3. Pet deposits, pet fees, and pet rent. Florida law does not set a specific limit on deposits, but landlords still must comply with the general landlord-tenant rules on handling deposits in Chapter 83, Florida Statutes. Many landlords separate standard security deposits from pet deposits or one-time pet fees, and some add recurring “pet rent.” The lease should clearly state each amount, whether it is refundable, and how the landlord will account for it at move-out.
4. Rules for behavior and supervision. Policies often address leash rules, noise, waste cleanup, and use of common areas. These expectations help when responding to complaints from other tenants.
5. Damage and liability. The lease can specify that tenants are responsible for pet-related damage and may be liable for injuries their animals cause. It may also require renters’ insurance with specified coverage.

Cobb Cole’s Real Estate Law attorneys regularly draft and revise lease templates and pet addenda that reflect these kinds of practical decisions, while keeping an eye on how courts and agencies apply landlord-tenant law in Florida.

Service and Emotional Support Animals in Rental Housing

Even when a landlord follows a “no pets” policy, certain animals may still be allowed under housing and disability laws.

1. Service animals. Section 413.08, Florida Statutes, addresses the rights of individuals with disabilities who use service animals. Housing providers generally may not charge extra rent or deposits for a service animal, although tenants can be held responsible for damage the animal causes.
2. Emotional support animals. As noted, Section 760.27 deals with emotional support animals in housing. Landlords may request appropriate documentation in some situations, but they usually cannot refuse an ESA simply because of a no-pet policy.

These questions often intersect with other real estate concerns, such as condominium or homeowners’ association rules, recorded restrictions, and insurance requirements. Cobb Cole’s Real Estate Law group can help landlords align their internal pet policies with association documents, recorded covenants, and lender requirements.

Responding When Issues Arise

Even with a clear policy, issues still come up: unauthorized pets, repeated noise complaints, pet odors, or damage that exceeds deposits. Landlords and property managers can take several practical steps.

1. Document the problem. Photos, incident reports, written complaints from neighbors, and inspection notes provide context if a dispute escalates.
2. Notify the tenant in writing. Many landlords use a “notice to cure” for violations such as unauthorized pets or rule infractions, with a clear deadline to resolve the issue pursuant to the terms of the applicable lease agreement.
3. Distinguish between ordinary pets and claimed assistance animals. Before taking action against a tenant who cites disability-related needs, landlords often seek legal guidance to avoid potential Fair Housing violations.
4. Decide whether termination or eviction makes sense. In some cases, targeted steps such as requiring additional training, restricting use of common areas, or moving a tenant to a different unit may address the issue without ending the tenancy.

When disputes escalate toward eviction, property damage claims, or Fair Housing complaints, landlords often benefit from coordinated advice. Cobb Cole can assist with both front-end lease strategy and back-end dispute resolution so property owners and managers respond in a measured way.