Texas Association of Realtors Pet Agreement Overview
The Texas Association of Realtors Pet Agreement is a legal document designed to protect both the landlord and the tenant when a pet is going to reside in or on the property they are renting out to the tenant. It gives the landlord some assurance in that it states specifically what they are ok with and what they are not ok with regarding your pet. It also lists out clearly what the tenant will be required to do while they have a pet inside or outside the property they are renting. Landlords generally want to know that there is going to be extra work that they need to take into consideration , such as the carpets needing to be replaced if the pet does not go outside, or the fact that they may, in the future, need to replace the floors in the property if the tenant rented needs to leave the property early. This type of agreement is beneficial for both parties as it holds the tenant accountable for their pet, but it also holds the landlord accountable by letting them know that they ‘knew’ they had a pet and they did not inform them about it and they allowed them to bring it into the home anyway.
Main Clauses Highlighted in the Pet Agreement
The Texas Association of Realtors (TAR) Pet Agreement typically includes several key clauses designed to protect both the landlord and the tenant. Understanding these clauses can give you a greater sense of clarity about your responsibilities and the expectations that come with owning a pet in your rental unit.
Generally, the TAR Pet Agreement will require:
Possession of current and proof of vaccinations for all pets residing in the dwelling.
Registration of the pet with the local municipality for identification purposes.
Vaccination of pets against rabies, distemper, and parvovirus by a licensed veterinarian.
Provision of a waiver to the pet owner for any damages or injuries caused by the pet to the landlord, other tenants or pets, and other visitors to the property.
Implementation of training programs for control and discipline of the pet.
Provision of sufficient exercise and other management necessities for the pet.
Notice to the landlord if any pet is to be boarded or housed off premises.
Failure to comply with the clauses in the TAR Pet Agreement is generally grounds for expulsion of the pet.
Advantages of Implementing a Pet Agreement
The Texas Association of Realtors (TAR) Pet Agreement provides a clear-cut way for landlords to allow tenants to keep pets while protecting themselves and their property. The agreement allows for pet fees and/or deposits, which you can apply to damage or any costs involved with having a pet on the property if necessary. A formal TAR Pet Agreement also shows your willingness to work with pet owners to keep them housed. Keeping your options open when it comes to allowing pets in your rentals is smart investment practice. With pet ownership on the rise, some of your prospective tenants may only be seeking out properties that allow dogs or cats. But, as information about pets shows, not everyone in possession of a pet is responsible. A TAR Pet Agreement puts safeguards in place to help protect your investment. In addition to encouraging responsible pet ownership, the TAR Pet Agreement allows you to regulate the size and breed of pet(s) so you can avoid unwanted incursions on neighboring properties, or worse, bites. Of course no landlord can guarantee trouble-free tenancies with pets, but a detailed agreement can prevent potential disputes between landlords and tenants and provide sound legal protections in case you are not able to resolve scheduling or space issues with your tenants.
Commonly Encountered Issues Covered by the Agreement
Given the rise in pet ownership, most leases now include a provision addressing pets and the associated issues that landlords face. Unfortunately, these issues can be problematic for both tenants and landlords if not addressed up front with a clear understanding of the responsibilities each side must undertake.
Pet damage to property is one of the most common issues landlords seem to face. As explained in the Rental Property Damage Deposit Allocation Guide, a pet can easily cause damage to carpets, doors, blinds, and walls in an apartment or home. Even a small pet can do extensive damage if not properly supervised or with a pet door that allows them free-range access. It is not uncommon for tenants to either hide the damage from their landlord at the move-out, or attempt to cover up the damage with temporary fixes.
Noise complaints are also a common issue amongst landlords and tenants alike, especially in multi-family units. Barking, meowing, whining, or even howling can lead to noise complaints from the neighbors, causing unnecessary friction amongst residents (and even a visit from the police). Your pet’s noise level often depends on its breed. Small dogs, for instance, tend to be yappers, whereas larger dogs rarely bark.
Odor is another common complaint amongst landlords and tenants with regard to pets. You are keenly aware of your pet’s waste smell, but other people that enter your apartment may not have pets themselves. As a result, they tend to focus on your pet’s odor more than a pet owner would.
Because roommates and guests come and go, pet hair can also create issues. A properly trained and groomed pet will shed a minimal amount of hair over time. Even then, this hair should be picked up daily. If your pet does have longer strands of hair that fall out, it is important to stay on top of vacuuming and cleaning to avoid creating more work later on. Even worse, hair that gets in between floorboards may cause irreversible damage if not addressed early on.
Legal Implications and Conformance
Texas law requires landlords to allow tenants who have pets to have a reasonable opportunity to prove the expense of maintaining pet liability insurance. The governing statute, Section 92.154 of the Texas Property Code, provides as follows:
(a) A residential lease of an apartment, unit, or house that is a dwelling of one to four family residences may not prohibit a tenant from having a pet on the premises unless:
(1) the landlord has required the tenant to provide proof that the pet has been inoculated and vaccinated against rabies; and
(2) the tenant has not provided that proof within a reasonable period after the date required.
(b) A lease may require, as a condition of keeping a pet on the premises, that the tenant obtain liability insurance in an amount set by the landlord if:
(1) the tenant has a reasonable opportunity to provide proof that the tenant has procured the requested coverage; and
(2) a refusal to provide the requested coverage is a basis for the landlord to require the tenant to remove the pet.
(c) For purposes of this section, a tenant is not entitled to a reasonable opportunity to provide proof of the coverage required under Subsection (b) if the selected insurance company refuses to write the policy on the tenant’s behalf.
(d) Unless otherwise agreed in writing, a tenancy is not required to have an insurance contract for a pet.
It is common for leases to state that the tenant(s) shall turn in proof of "pet liability insurance" and that the failure to provide the same within fifteen (15) days is a lease violation.
So is the Texas Association of Realtors (TAR) Pet Agreement legal and enforceable? Or is it just an unenforceable wish list on the part of TAR? The short answer is, yes, the TAR Pet Agreement complies with Texas law on the books. The key here is whether it is a "lease" or a separate agreement and whether there is an implied attempt to avoid Section 92.154. Essentially, the TAR Pet Agreement, unlike the standard lease adopted by TAR, actually does require the tenant to obtain pet liability insurance. As such, the TAR Pet Agreement should be subject to the clause in Section 92.154 that prohibits a landlord from assessing penalties on a tenant for failure to provide insurance coverage for the pet.
But, if the landlord requires the tenant to provide proof of pet liability which is in good standing, then, under Section 92.154, it appears that the tenant would not have the right to keep the pet if he/she did not provide the proof . At least that is how I read the law, but application may be another story. And it is entirely possible that a judge or jury would find that the TAR Pet Agreement is simply additional security owed by the tenant. What the judge or jury would not be entitled to, however, would be a policy of the landlord that required the tenant to obtain the insurance without giving the tenant an opportunity to prove the existence of the coverage.
The TAR Pet Agreement may not be a wise policy for landlords. If the tenant does not provide proof that pet liability insurance is in place, then the landlord does have the right to require the removal of the pet. However, absent some clear indication to the contrary, the landlord would not be able to collect on the tenant’s liability insurance policy for any damages caused by the pet. If anything, the failure to provide the insurance might be used to justify a denial of the right to keep the pet – but the landlord’s recourse would likely stop there.
A number of landlords have expressed their concern that the TAR Pet Agreement would not protect them against liability claims brought against them by other tenants or other people injured by the pet. Section 83.54 of the Texas Property Code does require a residential landlord to obtain insurance to cover claims brought against a landlord for bodily injury or property damage in an amount stated in a lease or management contact or otherwise adequate to cover normal risks of harm. This should cover claims brought by other tenants or other people for injuries caused by a pet. The landlord should still be able to bring a claim against the pet owner and have it decided in future litigation without having to have the pet liability policy in place.
The downside to the use of the TAR Pet Agreement is that the landlord must hand over the coverage to the tenant if the tenant obtains the coverage. I would recommend keeping copies of the certificate of insurance in the tenant’s file so that such compliance can be verified. It may also be wise to add a clause in your lease indicating that the landlord shall not be required to obtain a copy of the pet liability insurance certificate if it would require having to maintain a record of the proof on an ongoing basis. This may come into play under leases that last for an extended period of time that may have multiple renewals over a longer period of time. These are some of the grey areas that I would encourage real estate professionals consider before implementing the TAR Pet Agreement.
Modifying a Pet Agreement
Landlords and tenants should closely evaluate the terms of the Texas Association of Realtors (TAR) Pet Agreement to determine whether those terms are appropriate under the particular circumstances. It is critical to allow the parties to customize the pet agreement to meet their specific needs, such as:
• the number of pets a tenant may keep,
• the types of pets a tenant may keep,
• the type and amounts of deposits necessary to cover possible damage,
• the required terms of liability insurance,
• the grounds for taking action if a tenant violates the pet agreement, and
• the duration of the rental agreement and pet agreement.
It is essential to take pet-related issues seriously and involve an attorney whenever necessary. No pet and its associated risks should be a bigger concern than a good rental situation between landlord and tenant.
Wrap-Up: Maintaining a Peaceful Environment
With its numerous pets and limited space, maintaining a harmonious living environment in today’s multifamily communities can be quite a challenge. As a result, more owners/managers are turning to pet agreements as a means to help meet this challenge. A well drafted pet agreement can protect the interests of the owner/manager and outline the obligations of the residents in a clear manner . By enforcing a pet agreement, owners/managers will be better able to control the number of pets, their type, and the behavior of pets in their communities. Well defined pet agreements can also help residents understand their responsibilities, including the possible consequences for any violation. As a result, pet agreements can go a long way toward helping to maintain a peaceful, healthy, and safe community in which everyone can enjoy living.