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Pets and Rentals: What You Need to Know
Which Types of Animals are Renters Allowed to Have?
If you’re the owner of a rental property in Hawaii, you might be wondering what types of animals you’re legally bound to allow—and where you can draw the line. According to the professionals at Locations Property Management, animals in rental properties fall into three categories: pets, service animals and emotional support animals (ESAs).
What are the rules for pets and rental properties?
The owner of a rental property may decide whether to allow pets in the property. A landlord can also set rules about the number of pets, the type of pets and the size of pets that will be allowed in the rental. If the rental property is in a condominium, tenants will need to follow the building rules.
Typically, tenants are charged a pet deposit equal to one month’s rent, in addition to a security deposit. A pet deposit is used to cover any damage to the property caused by the pet. If tenants lose or give away their pet, the pet security deposit should be returned. A landlord can choose to charge additional pet rent if the unit is listed as “pet negotiable.”
Do I need a pet rental application?
The property management experts at Locations recommend that tenants complete a pet application, so the property owner will know what type of pet will be residing in the unit. Additionally, landlords should include a pet addendum with the rental agreement. The pet addendum should clearly state what's expected of pet-owning tenants; for example: pet insurance is required, and the property must be professionally cleaned and treated for fleas. Remember, the tenant is ultimately responsible for the behavior or their pets—including noise complaints—as well an any damages caused by their pets.
What qualifies as a service animal?
A service animal is not a pet. Only a dog that has been trained to perform specific tasks for an individual with a disability is considered a service animal. Other species of animals, whether trained or not, are not considered service animals. By law, a landlord cannot charge a pet deposit for a service animal, and service animals must be allowed to reside in rental properties—whether the property is pet friendly or not. Furthermore, a landlord may not request documentation for a service animal, unless the owner of the service animal is asking for a housing-related accommodation. There are only two questions that a landlord may ask tenants about their service animal: 1) Is this a service animal? and 2) What task does this service animal provide?
What’s the difference between service animals and emotional support animals?
An emotional support animal (ESA) is any animal that a medical professional has determined to provide therapeutic benefit to an individual with a disability. Unlike service animals, emotional support animals are not limited to dogs. Emotional support animals are not considered service animals under the Americans with Disabilities Act, but they are recognized under the Fair Housing Act. Unlike a pet, however, a landlord cannot charge pet rent or collect a pet deposit for an emotional support animal. A landlord may reject an emotional support animal using the health and safety exemption, but the threat to other tenants must be real and not based on stereotypes. For example, if an emotional support animal is a breed that’s known to be aggressive, tenants may be required to show that the animal is properly trained. However, an emotional support animal cannot be refused due to a poor reputation of the animal’s breed.
Check with an expert
Still confused about which types of animals you’re required to allow in your Hawaii rental property, and which ones you can keep out? Contact an experienced property manager at Locations Property Management today—we're happy to answer all of your questions about animals in rental housing.
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