As a landlord or property manager in Wisconsin, deciding whether to allow tenants to keep pets in your rental units can be a tough call.
Pets can make rentals more appealing to tenants, but allowing pets comes with its own set of challenges. Here are some important factors to consider before making your decision.
Security Deposit and Pet Rent
One of the first things to consider is whether to charge a pet deposit, a one-time pet fee, pet rent, or some combination of these.
A pet deposit may help the landlord cover potential damage caused by the pet. This can give you some financial peace of mind. Typically, the fee is framed as a deposit and is refundable if the pet does not cause damage to the unit. In this case, the pet deposit would be refunded pursuant to the same rules that govern security deposits.
The landlord may also charge a one-time pet fee, but if the fee is not refundable, the landlord should include clear language in the lease that the fee is not a deposit and is not refundable.
In addition to the deposit or one-time fee, a landlord might consider charging monthly “pet rent.” This extra income offsets the increased wear and tear that pets can cause to your rental property.
It is important to note, however, that neither a pet deposit, fee, nor pet rent may be charged where the tenant’s pet is a service animal or an emotional support animal. Although many landlords know that they cannot charge tenants with disabilities extra or require an additional security deposit for keeping a service animal, many landlords are less familiar with emotional support animals, and a tenant’s need for an emotional support animal is often less apparent than a tenant’s need for a service animal.
Emotional Support Animals
Like with service animals, a landlord must allow a tenant to keep an emotional support animal and cannot charge the tenant extra or require an additional deposit, except in cases where the landlord would suffer an undue financial or administrative burden.
For example, if your insurance won’t cover the building because of the specific breed of the ESA, and presuming alternative insurance is unavailable, you might be able to show an undue burden.
Also, Wisconsin law allows landlords to ask tenants for reliable documentation from a licensed healthcare professional to verify the need for the ESA.
In most cases, the landlord will need to accommodate the tenant. However, each case is highly specific, and an attorney should analyze the unique facts to assist you in determining whether you must grant an accommodation request. An experienced attorney will consider many facts, including the type of units available and your financial resources as a landlord or property manager, before he or she recommends a course of action.
Property Damage and Cleanliness
Pets can cause damage to your property such as scratched floors, chewed molding, and damage to the lawn and landscaping. Odor and cleanliness are also concerns because pets can leave behind odors that are hard to remove and can make the property less appealing to future tenants.
A tenant is always responsible for any damage caused by the tenant’s animal.. Nonetheless, it’s a good idea to clearly outline the tenant’s responsibility in your lease agreement.
Insurance Issues
Another important consideration is your insurance policy. Some insurance companies have breed restrictions, meaning they won’t cover certain breeds of dogs. Before allowing pets, check with your insurance provider to see if there are any breed exclusions. Allowing a restricted breed could leave you without coverage in the event of a claim.
Protect Your Property With a Real Estate Attorney
Navigating pet policies in Wisconsin can be tricky, with each case presenting unique challenges that require careful consideration. To make informed decisions and protect your property, you need a seasoned real estate attorney like Michael Heller on your side.
With over 14 years of experience in real estate law, Michael will guide you through the complexities of landlord-tenant regulations. Whether you’re dealing with a pet-related rental dispute or looking to establish pet policies that work for your unique situation, he’s here to assist you every step of the way.
Protect your investment with strong real estate representation.
Contact Michael Heller today for a free case evaluation.
The information published by Heller Law Offices, LLC is available for the reader’s convenience, is general in scope, and shall not be considered legal advice on any subject matter. No attorney-client relationship exists between the reader and Heller Law Offices solely because the reader engages with this Website and blog. Only a formal written retainer agreement establishes an attorney-client relationship.
The information contained in the blog is not a substitute for legal advice from a licensed attorney. Each situation is unique, and the information in the blog may not pertain to the reader’s situation. An analysis of the reader’s specific situation is required to provide accurate legal advice.
All information contained in the blog is based upon, or relates to, the laws and administrative code of the State of Wisconsin.