Pet Addendum in Virginia

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 Virginia law says

Pet deposits and fees	A refundable pet deposit is part of the 'security deposit,' and the total security deposit, however denominated, may not exceed two months' periodic rent. The deposit must be itemized and returned within 45 days after the tenancy ends or the tenant vacates. The Act does not separately cap non-refundable pet fees or monthly pet rent, but the written lease must itemize on its first page the security deposit, rent and any one-time charges due before or with the first rent payment. Source: Va. Code § 55.1-1200 (definition of 'security deposit'); § 55.1-1226(A); § 55.1-1204.1
Service & support animals (state law)	A person with a disability who keeps an assistance animal must follow lease rules that apply to all residents (if they do not interfere with equal use), may not be charged a pet fee, pet deposit or additional rent for the animal, but is responsible for physical damage to the same extent pet owners are. If the disability and need are obvious or known, the housing provider may not ask for more verification; otherwise it may request reliable documentation of the disability and the disability-related need, including from anyone with a 'therapeutic relationship' with the person (licensed mental health providers, licensed disability service providers, certain peer support persons, caregivers or government entities with actual knowledge). Providing fraudulent supporting documentation is a prohibited practice under the Virginia Consumer Protection Act. Amended in 2023 (2023, c. 439). The statute penalizes fraudulent documentation by providers; it does not create a separate penalty for tenants misrepresenting an animal. Source: Va. Code § 36-96.3:1

Pet deposits and fees

A refundable pet deposit is part of the 'security deposit,' and the total security deposit, however denominated, may not exceed two months' periodic rent. The deposit must be itemized and returned within 45 days after the tenancy ends or the tenant vacates. The Act does not separately cap non-refundable pet fees or monthly pet rent, but the written lease must itemize on its first page the security deposit, rent and any one-time charges due before or with the first rent payment.

Source: Va. Code § 55.1-1200 (definition of 'security deposit'); § 55.1-1226(A); § 55.1-1204.1

Service & support animals (state law)

A person with a disability who keeps an assistance animal must follow lease rules that apply to all residents (if they do not interfere with equal use), may not be charged a pet fee, pet deposit or additional rent for the animal, but is responsible for physical damage to the same extent pet owners are. If the disability and need are obvious or known, the housing provider may not ask for more verification; otherwise it may request reliable documentation of the disability and the disability-related need, including from anyone with a 'therapeutic relationship' with the person (licensed mental health providers, licensed disability service providers, certain peer support persons, caregivers or government entities with actual knowledge). Providing fraudulent supporting documentation is a prohibited practice under the Virginia Consumer Protection Act.

Amended in 2023 (2023, c. 439). The statute penalizes fraudulent documentation by providers; it does not create a separate penalty for tenants misrepresenting an animal.

Source: Va. Code § 36-96.3:1

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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 · Virginia 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.