Thinking of allowing pets in your rental property? This decision can make a listing more attractive to a wider pool of renters, but it also comes with important legal responsibilities.
Maryland law sets clear limits on fees, deposits, and how landlords must handle pets and service animals in rental housing. Understanding these rules is essential for staying compliant and avoiding costly disputes.
Security Deposit Limits and Pet Fees in Maryland
One of the most critical responsibilities for landlords is properly handling pet-related deposits. Under Maryland law, any fee or deposit intended to cover damage caused by a pet is part of the security deposit. This means landlords cannot treat a “pet deposit” as separate from the overall deposit.
As of October 1, 2024, Maryland limits security deposits to no more than one month’s rent. Because pet deposits are included in that total, landlords must ensure the combined amount does not exceed this legal cap. Charging more than the allowed limit can expose landlords to penalties and legal challenges. Because pet deposits are included in that total, landlords must ensure the combined amount does not exceed this legal cap. Charging more than the allowed limit can expose landlords to penalties and legal challenges.
However, landlords are allowed to charge monthly pet rent or fees. These charges are not considered part of the security deposit and are a common way to offset ongoing wear and tear or risk associated with pets.
Setting Clear Lease Terms for Pets
Landlords are responsible for clearly defining pet policies in the lease, and for publishing the pet policy on the property’s website, if applicable. This policy should include the number of pets allowed, any breed or size restrictions, fees charged, pet vaccine requirements, and if additional renter’s insurance is required.
When granting approval, landlords should outline expectations in detail. Lease provisions often require tenants to accept full responsibility for their pet’s behavior, comply with all applicable laws, and cover any damage caused by the animal, including odor-related issues.
It is also common for landlords to require professional cleaning at the end of the tenancy. This may include flea and tick treatment and carpet cleaning to ensure the unit is ready for the next occupant. Landlords may also include language allowing them to revoke pet permission for reasonable cause, such as nuisance complaints or safety concerns.
Using a Pet Rent Addendum
A pet rent addendum supplements the lease and clearly outlines the terms under which pets are allowed on the property. A well-drafted addendum identifies each approved pet and establishes a monthly pet rent amount. It should also clarify that pet rent is not a deposit and is not refundable. In addition, landlords can require tenants to obtain written approval before adding any new pets and define unauthorized pets as a lease violation.
Responsibilities During Eviction or Property Repossession
If a tenant is evicted or loses possession of the property, landlords should be aware that Maryland provides guidance on handling pets during this process. While tenants are responsible for their animals, landlords must direct tenants to available resources to ensure pets are not abandoned or neglected. The Maryland Department of Agriculture has more information and a link to the required Pet Protections Fact Sheet to be given to your tenants.
Be Proactive
Managing pets in rental properties requires more than simply allowing or prohibiting animals. Maryland landlords must carefully structure deposits, use pet rent appropriately, and create clear, enforceable lease terms. By taking a proactive and informed approach, landlords can protect their property, remain compliant with Maryland law, and create a positive rental experience for pet-owning tenants.
