Yes. In Texas, a landlord can generally require a tenant to pay a pet deposit when keeping an ordinary household pet, provided the charge is included in the rental agreement and complies with applicable law. Texas law does not generally prohibit pet deposits. The Texas Attorney General specifically notes that a landlord may accept a pet in exchange for extra money as security.
What Is a Pet Deposit?
A pet deposit is money paid by a tenant to protect the landlord against certain losses associated with having a pet. It may be separate from the ordinary security deposit or included within the overall security deposit, depending on the lease.
Texas Property Code Section 92.102 defines a security deposit as an advance payment of money, other than an application deposit or advance rent, primarily intended to secure the tenant’s performance under a residential lease. If a pet deposit functions as security for the tenant’s obligations, Texas security-deposit rules may apply.
Can a Landlord Keep the Pet Deposit?
A landlord generally cannot keep a security deposit simply because the tenant owned a pet. Texas Property Code Section 92.104 permits deductions for damages and charges for which the tenant is legally liable under the lease or because of a lease violation. The statute does not permit deductions for normal wear and tear.
For example, if a dog damages a door, flooring, carpet, or other property beyond ordinary wear, the landlord may potentially deduct the amount permitted by the lease and applicable law. But the landlord cannot automatically treat the entire pet deposit as forfeited merely because the tenant moves out.
Texas law generally requires a landlord to return a security deposit within 30 days after the tenant surrenders the premises, subject to statutory conditions. If deductions are made, the landlord generally must provide the balance and a written description and itemized list of deductions, subject to statutory exceptions.
What Should the Lease Say?
A written lease should clearly state whether pets are permitted and identify any pet deposit, pet fee, or pet rent. It should explain whether the amount is refundable, what types of damage may be deducted, and whether separate rules apply to multiple pets or particular animals.
Pet Deposit vs. Pet Fee
A pet deposit and a pet fee are not necessarily the same thing. A deposit is generally intended to secure performance or cover obligations that may arise under the lease, while a fee may be a separate charge agreed to for keeping a pet.
The legal treatment depends on how the payment is structured and described in the lease.
What About Service Animals and Emotional Support Animals?
A major exception involves assistance animals for people with disabilities. Under the federal Fair Housing Act, assistance animals are not treated as ordinary pets for housing purposes. HUD states that housing providers may charge pet fees or deposits for pets, but may not impose those pet charges on qualifying assistance animals as a condition of reasonable accommodation.
Therefore, a Texas landlord generally cannot avoid federal fair-housing requirements simply by labeling an assistance-animal charge a “pet deposit.” If an assistance animal causes actual property damage, however, the tenant may still be responsible for that damage under applicable rules.
Can a Landlord Refuse a Pet?
Generally, Texas law does not require every landlord to accept ordinary pets. A lease may prohibit pets or impose pet-related conditions, subject to applicable federal, state, local, and contractual restrictions.
What Tenants Should Check Before Paying
Before paying a pet deposit, tenants should check the lease for the exact amount, refundability, permitted animals, damage standards, cleaning requirements, and move-out procedures. They should also document the property’s condition when moving in and keep proof of payment.
Landlords should maintain accurate records of security deposits and make only legally permitted deductions. Texas law provides remedies for bad-faith withholding, including potential statutory damages and attorney’s fees.
Conclusion
Charging a pet deposit is generally legal in Texas when it concerns an ordinary pet and is properly incorporated into the rental agreement. However, the deposit cannot automatically be treated as nonrefundable, and deductions generally must be tied to legally recoverable charges rather than normal wear and tear.
Landlords should distinguish ordinary pets from assistance animals because federal fair-housing rules generally prohibit pet deposits and pet fees for qualifying assistance animals. Tenants should carefully review the lease and document the property’s condition before moving in.
