We have a person who's interested in renting a condo unit of ours (1bd, 1ba). She has an ESA. I've now learned that ESA's are basically the ultimate trump card when it comes to superseding whatever policies one might have had with their rental lease agreement. I looked on biggerpockets and saw some long threads about the topic. Some proposed adding an Animal Addendum (not a Pet Addendum) to the lease. Below is what we have come up with. Is it good enough? Can it be improved? Does it stand up against a lawsuit in the event the ESA trashes the place and we need to go to small claims, or if the ESA is loud and not suited for the condo and we need to evict?
LEASE ADDENDUM - ANIMAL POLICY
*ALL TENANTS MUST READ & SIGN THIS ADDENDUM*
The purpose of this addendum is to convey the terms and conditions regarding animals at XXXXXXXX and must be signed by all tenants when adding an animal. Animals are not permitted unless this addendum is completed, agreed upon, and signed by both Tenant and Landlord.
Tenant agrees to read and comply with the Animal Rules listed below.
Tenant understands that any recurring complaint or notice received regarding the animal(s) is considered a violation of the Lease and may result in immediate removal of the animal(s) and/or lease termination and forfeiture of security deposit; whichever Landlord deems necessary. Tenant also understands that no animals are permitted to visit or temporarily be boarded in the Lease Property; doing so would also be considered a lease violation and subject to immediate removal of animal and/or lease termination.
I have read, understand, and agree to all the terms and conditions described in this Animal Policy agreement.
________________________________ __________________________________ _________________
Tenant Name (Please Print) Tenant Signature Date ________________________________ __________________________________ _________________
Tenant Name (Please Print) Tenant Signature Date
ANIMAL RULES INSTRUCTIONS:
The following rules, restrictions, and obligations apply to all Tenants. By affixing your signature to this agreement, Tenant acknowledges that you have read, understand, and agree to the following:
1. No loud or noisy animals including excessive barking, jumping, scratching, whining, or any other sound
2. No vicious or dangerous animals are permitted. Tenant must be able to maintain control over the animal at all times
3. Animal shall be restrained at all times when not in apartment. Unsupervised and/or unrestrained animals in any common area are strictly prohibited
4. Animal shall be properly maintained, licensed, and inoculated as required by local, county, or state statute, ordinance, or health code
5. Animal shall display owner identification and current inoculation tags at all times
6. Any odor resulting from any animal is considered a nuisance and is strictly prohibited
7. Tenant assumes all responsibility and is strictly liable for any and all amount of any injury to any person or property as a result of the animal or its’ actions and Tenant shall indemnify Landlord for all costs of litigation and attorney’s fees resulting from the same
8. All food and water bowls must be placed on a protective/plastic floor covering
9. All litter boxes must be placed on a protective/plastic floor covering and maintained in a proper and sanitary condition
10. Used litter will be double bagged and disposed of in the nearest outdoor trash receptacle and NOT disposed of down the toilet regardless of product’s claim of “flushability”
11. No animal is permitted to urinate or defecate on any unprotected floor
12. Tenant agrees to clean up after dog(s) immediately and properly dispose of all waste into nearest outdoor trash receptacle
13. Tenant may not abandon the animal or leave it for an extended period of time
14. No “visiting” or temporary boarding of animals
15. No animal will be permitted to disturb the health, safety, rights, comfort, quite or peaceful enjoyment of other tenants
16. Tenant understands that this list is subject to change as deemed necessary by the Landlord. Tenant will be notified of changes and asked to resign or initial