Legal Question in Real Estate Law in Massachusetts

Landlord pet agreements

Is there an existing legal agreement, or can one be created, for tenants with pets that will grant a landlord the right to collect more than the dollar amount of one months rent specifically to cover pet damages that exceed that dollar amount?

How can the landlord legally protect themselves from getting stuck with a an exceeding bill?


Asked on 1/30/02, 3:05 pm

1 Answer from Attorneys

Robert Trant Law Office of Robert R. Trant

Re: Landlord pet agreements

As a landlord, you are only allowed to charge a security deposit equal to the first month's rent at the beginning of the tenancy. This is meant to cover damage to the unit. You can not charge a "pet" deposit, however, you could deduct any damages a pet causes from the security deposit. If you accept a security deposit, keep in mind there are very strict requirements you must follow to safekeep the deposit. Any mistakes could mean you would be liable for damages to the tenant. Your only other option is to not allow tenants to have pets. The only exception is if the pet is required due to a disability (blind person), then you need to be careful that you are not violating the laws against discrimination. If you do not want to collect a security deposit, then you could purchase insurance to cover the potential damage to the unit.

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Answered on 1/30/02, 3:29 pm


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