This form is used by a property manager or landlord as an addendum when negotiating a residential lease agreement which prohibits the possession of pets, to modify the terms of the lease agreement and provide the terms under which a specific pet may be kept on the premises in exchange for a pet security deposit.
Rental and lease agreements
Residential landlords and tenants typically enter into either a periodic rental agreement or a fixed-term lease agreement.
Residential periodic tenancies take the form of month-to-month rental agreements, which run for an indefinite period of time. It automatically renews monthly, and on the same terms, until modified or terminated by notice from either the landlord or tenant. [See RPI Form 551]
On the other hand, a lease agreement creates a tenancy that continues for a fixed period — a finite length of time. At the end of the fixed period under the lease agreement, the tenant’s right of possession expires. The terms in the lease agreement set the expiration date, and no further notice is required by either the landlord or tenant to terminate the tenancy. [See RPI Form 550]
Any provisions agreed to but not included in the boilerplate provisions of a pre-printed lease or rental agreement are included in an addendum to the rental or lease agreement. The additional or conflicting provisions are entered on the addendum. The addendum is then referenced in the body of the rental or lease agreement as attached.
Two such addendums are the pet addendum and the waterbed addendum. [See RPI Form 563 and Form 564]
Pets and waterbeds
Landlords and their property managers are frequently confronted with otherwise acceptable prospective tenants who own pets or liquid-filled furniture which might pose a greater risk to the property.
However, landlords may not automatically refuse to rent to a prospective tenant whose furnishings include liquid-filled furniture, such as a waterbed. Further, they may not deny an existing tenant the use of a waterbed on the premises.
On the other hand, landlords may, as a matter of general policy, refuse to accept any prospective tenant who wants to occupy a unit with their pet, unless the tenant is disabled and uses a specially trained guide dog on the premises. [Calif. Civil Code §54.1(b)(5)]
When a landlord allows pets, they will often:
- impose restrictions on the type or size of the pet; and
- require the landlord’s written consent to keep the pet on the premises. [See RPI Form 551 §6.9 and Form 550 §6.9]
The landlord and tenant may sign and attach a pet addendum that states:
- the type of pet and its name;
- the security deposit to be charged for the pet (but limited as part of the maximum security deposit allowed); and
- the tenant’s agreement to hold the landlord harmless for any damage caused by the pet. [See RPI Form 563]
A landlord who allows pets may not:
- favor declawed or devocalized animals in any advertisement;
- refuse to rent or negotiate for rent to a tenant because their pet has not been declawed or devocalized; or
- require tenants’ pets to be declawed or devocalized as a condition of renting the property. [CC §1942.7]
Lease agreements and month-to-month rental agreements also prohibit a tenant from keeping a waterbed or other liquid-filled furnishings on the premises without the landlord’s written consent. [See RPI Form 551 §6.9 and Form 550 §6.9]
When a tenant does have a waterbed, the landlord may require the tenant to sign a waterbed addendum. [See RPI Form 564]
The waterbed addendum indicates:
- the additional security deposit the tenant will be required to provide for keeping a waterbed on the premises (in addition to the maximum security deposit allowed); and
- the tenant’s agreement to maintain an insurance policy to cover potential property damage when the waterbed leaks or bursts.
Security deposits
A property manager allowing a tenant to occupy a unit with a pet may charge an additional security deposit for the pet to offset any expenses or losses caused by the tenant’s pet, unless:
- the rules for disabled persons and their trained dog apply; or
- the security deposit ceiling is exceeded.
A standard deposit for a pet is one-third of the first month’s rent, with an extra $100 to $200 for each additional pet, limited to the ceiling amount for residential security deposits.
Thus, the total security deposit for an unfurnished residential unit, including the pet deposit, may not exceed an amount equal to two months’ rent (in addition to the first month’s rent).
For a furnished unit, the security deposit, including the pet deposit, may not exceed three months’ rent (in addition to the first month’s rent). [CC §1950.5(c)]
Also, when a pet’s behavior does not conform to the terms of the pet addendum, the tenant is in breach of the rental or lease agreement. In this instance, the landlord or property manager may serve a three-day notice to the tenant to correct the activity or vacate the premises, called a three-day notice to perform or quit. [See RPI Form 576]
When a tenant qualifies to maintain a waterbed on the premises, the landlord may increase the tenant’s security deposit up to an additional one-half month’s rent. The waterbed deposit is in addition to the maximum security deposit otherwise allowed.
The landlord may also charge a reasonable administrative fee to cover the time, effort and money expenditures necessary to process the waterbed paperwork, such as $50 or $100. [CC §1940.5(g)]
The amounts of both the additional security deposit and administrative charges are set forth in the waterbed addendum. [See RPI Form 564 §§3 and 4]
Analyzing the pet addendum
A landlord or property manager uses the Pet Addendum published by Realty Publications, Inc. (RPI) as an addendum when negotiating a residential lease agreement which prohibits the possession of pets. The form allows the landlord or property manager to modify the terms of the lease agreement and provide the terms under which a specific pet may be kept on the premises in exchange for a pet security deposit. [See RPI Form 563]
The Pet Addendum contains:
- Facts, including:
- whether the form is an addendum to a:
- residential lease agreement [See RPI Form 550]; or
- residential rental agreement [See RPI Form 551];
- the date of the lease or rental agreement;
- the landlord and tenant’s identities;
- the address; and
- a statement that the agreement prohibits pets without the landlord’s prior written consent [See RPI Form 563 §§1 and 2];
- whether the form is an addendum to a:
- Landlord and tenant agreements, including:
- the identity of the pet the landlord agrees the tenant may keep [See RPI Form 563 §3];
- the amount of the security deposit [See RPI Form 563 §4];
- the tenant’s agreements, including:
- the pet will not damage the premises or annoy, endanger or inconvenience other tenants;
- the tenant will hold the landlord harmless for any damages caused by the pet;
- the tenant will comply with all laws pertaining to the keeping and leashing of the pet;
- the pet is not known to be dangerous or to have injured individuals; and
- a blank space for the landlord to list any other provisions for the tenant to agree to [See RPI Form 563 §5]; and
- Signatures of the landlord or property manager and the tenant.
Form navigation page published 10-2022.
Form updated 2016.
Form-of-the-Week: Pet and Waterbed Addendum — Forms 563 and 564
Form-of-the-Week: The pet and non-smoking addendums — Forms 563 and 563-1
Article: Permitting pets and waterbeds
Article: How California landlords may deal with unauthorized pets
Article: Landlords may not favor surgically altered pets
Book: Real Estate Property Management, Chapter 51: Residential rental and lease agreements
Book: Real Estate Property Management, Chapter 54: Permitting pets and waterbeds
Letter to the Editor: What are the rights of a tenant with a service or support animal?
Letter to the Editor: When can a residential landlord keep the tenant’s security deposit?
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