Pet Addendum in Texas

Adds pet terms to a lease. Assistance animals for people with disabilities are not pets: no pet fee or pet rent may be charged for them under federal fair housing rules.

What Texas law says

Pet deposits and fees	No statute. Texas sets no cap on security deposits and has no statute on pet deposits, pet fees or pet rent. Any advance of money (other than an application deposit or prepaid rent) intended mainly to secure performance under a residential lease is a security deposit and is subject to the refund and itemization rules, which would include a refundable pet deposit. Source: Tex. Prop. Code ch. 92 (checked); § 92.102
Service & support animals (state law)	Texas law guarantees persons with disabilities equal access to rental housing and says a person with a service animal may not be charged extra compensation or a deposit for the animal, but is liable for damage the animal causes beyond reasonable wear and tear. The state definition of 'assistance animal'/'service animal' is limited to a specially trained or equipped dog. Knowingly misrepresenting an animal as an assistance or service animal is a misdemeanor punishable by a fine of up to $1,000 and 30 hours of community service. No state statute sets documentation rules for emotional support animals. Emotional support animals that are not trained dogs are not covered by the state definition, but may be a reasonable accommodation under the federal Fair Housing Act and the Texas Fair Housing Act. Source: Tex. Hum. Res. Code Sec. 121.002, 121.003(g)-(h), 121.006

Pet deposits and fees

No statute. Texas sets no cap on security deposits and has no statute on pet deposits, pet fees or pet rent. Any advance of money (other than an application deposit or prepaid rent) intended mainly to secure performance under a residential lease is a security deposit and is subject to the refund and itemization rules, which would include a refundable pet deposit.

Source: Tex. Prop. Code ch. 92 (checked); § 92.102

Service & support animals (state law)

Texas law guarantees persons with disabilities equal access to rental housing and says a person with a service animal may not be charged extra compensation or a deposit for the animal, but is liable for damage the animal causes beyond reasonable wear and tear. The state definition of 'assistance animal'/'service animal' is limited to a specially trained or equipped dog. Knowingly misrepresenting an animal as an assistance or service animal is a misdemeanor punishable by a fine of up to $1,000 and 30 hours of community service. No state statute sets documentation rules for emotional support animals.

Emotional support animals that are not trained dogs are not covered by the state definition, but may be a reasonable accommodation under the federal Fair Housing Act and the Texas Fair Housing Act.

Source: Tex. Hum. Res. Code Sec. 121.002, 121.003(g)-(h), 121.006

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PET ADDENDUM to the lease for [rental address] dated [lease date]

Tenant: [tenant name] Pet(s): [type, breed, name, weight]

Pet deposit: $[pet deposit] (counts toward any state deposit limit where the law says so). Monthly pet rent: $[pet rent]

The tenant keeps the pet under control, cleans up after it, and pays for damage it causes beyond normal wear and tear.

Signatures and dates: [signatures]

Pet Addendum for other states · Texas tenant rights

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.