A pet agreement sets out which animal is permitted, on what terms, and what happens if things go wrong. It is worth having as a separate signed document because it is specific, it changes when the animal changes, and it needs its own consent. The one thing it must not do is govern an assistance animal, because under federal fair housing law such an animal is not a pet and a pet policy does not apply to it.
Identify the animal, not just the species
Type, breed, weight, age, name, and a photograph, plus vaccination and licensing where required locally. The point is that permission is for this animal rather than for pets generally: a replacement animal is a new agreement. Vague permission is how a landlord ends up with a different and much larger animal and no basis for saying anything about it.
What may be charged, and what a state allows
A pet deposit, a non-refundable fee, additional monthly rent, or some combination, subject to state rules on deposit limits and on what may be added to rent. Several states cap deposits including pet amounts, and a few restrict pet rent. Record the categories separately in the lease and in the ledger so the total is explicable against whichever limit applies.
Behaviour, damage and revocation
Where the animal may be, who is responsible for waste and noise, what happens to damage beyond the deposit, and the circumstances in which permission can be withdrawn. Revocation should follow a process with notice rather than being immediate, because an immediate removal clause is both hard to enforce and likely to produce the worst version of the conversation.
An assistance animal is not a pet
Under federal fair housing law, an assistance animal for a person with a disability is a reasonable accommodation rather than a pet. Pet fees, pet deposits, pet rent, breed restrictions and weight limits do not apply to it, and refusing one without a lawful basis is a fair housing matter. Handle such requests through your accommodation process, never through the pet agreement.
Questions people ask about pet agreement
Can I charge a pet deposit for an assistance animal?
No. An assistance animal is not a pet under fair housing law, so pet deposits, fees and rent do not apply, though the tenant remains liable for actual damage.
Should the pet agreement be separate from the lease?
Separate and attached. It changes when the animal changes and needs its own signature and date.
Can permission be withdrawn?
If the agreement provides for it and a process is followed. An immediate removal clause is likely to be both unenforceable and counterproductive.