Pet Rent vs Pet Fee vs Pet Deposit in Florida: What You Can Charge—and What You Can’t
- José R. Hernández
- 46 minutes ago
- 5 min read
Allowing pets in your rental properties can be a strategic move to maximize rental income and reduce vacancy rates. A significant portion of renters own pets, and being pet-friendly opens your property to a wider pool of qualified applicants. However, pets also come with increased risks—potential damage to floors, landscaping issues, and additional wear and tear.
To mitigate these risks, Florida landlords have three main financial tools at their disposal: pet rent, pet fees, and pet deposits. Understanding the legal distinctions between these charges is critical for protecting your investment and staying compliant with Florida law.
This guide breaks down the differences, explains how to structure these charges effectively, and highlights crucial compliance rules regarding assistance animals.
The Three Types of Pet Charges
While all three options help offset the risk of allowing animals, they operate differently under the law and your lease agreement.
1. Pet Deposit
A pet deposit is a refundable sum of money collected at the start of the lease specifically to cover potential damage caused by the animal.
Purpose: It acts as a safety net for specific pet-related damages (e.g., scratched doors, stained carpets).
Returnability: Like a standard security deposit, a pet deposit is refundable. If the tenant moves out and there is no pet damage, you must return this money.
Florida Law: Under Florida Statute § 83.49, you must treat this money the same way you treat a security deposit. It must be held in a separate account (or secured by a surety bond), and you must follow strict timelines for notifying the tenant of any claims against the deposit upon move-out.
Best Use: Use this when you want a dedicated fund for potential repairs but want to offer a good-faith incentive for the tenant to prevent damage.
2. Pet Fee (Non-Refundable)
A pet fee is a one-time, non-refundable charge paid by the tenant for the privilege of having a pet in the property.
Purpose: It compensates the landlord for the general wear and tear associated with pets and the administrative cost of processing the pet addendum.
Returnability: It is not refundable. Once paid, it belongs to the landlord.
Lease Language: To be legal, your lease must explicitly state that this is a "non-refundable fee." If the language is vague, a court might interpret it as a refundable deposit.
Best Use: Use this to cover upfront costs, such as deep cleaning preparation or administrative processing, without the expectation of returning the funds.
3. Pet Rent
Pet rent is a recurring monthly charge added to the base rent.
Purpose: It generates consistent additional cash flow to offset the ongoing "wear and tear" risk of housing an animal over time.
Returnability: It is income, not a deposit. It is never returned.
Pricing: Usually ranges from $15 to $50 per month, per pet, depending on the market and the animal's size.
Best Use: This is excellent for increasing your monthly ROI and cash flow. Over a 12-month lease, a $30 monthly pet rent adds $360 to your annual revenue—often more than a standard one-time fee.
Are There Caps on What You Can Charge?
Florida law does not strictly cap pet fees, deposits, or rent amounts. However, charges must be "reasonable." If you charge an exorbitant amount (e.g., a $2,000 non-refundable fee for a single cat), a judge could deem it "unconscionable" and unenforceable in a dispute.
Furthermore, setting fees too high can deter qualified tenants. Your goal is to balance risk mitigation with market competitiveness.
Pricing Based on Risk: A Strategic Approach
You don't have to charge a flat rate for every animal. Smart investors structure their pet policies based on risk assessment. You can vary your charges based on factors such as:
Number of Pets: Charge a separate deposit or fee for each animal.
Size and Weight: Larger dogs can cause more wear on flooring. You might charge $25/month for a small dog and $45/month for a large breed.
Age: Puppies and kittens are more prone to accidents and chewing. A higher deposit for animals under one year old is a common practice.
Type of Animal: Cats may pose different risks (spraying, scratching) compared to dogs.
Example Structure:
Base Policy: $250 Non-Refundable Fee + $25/Month Pet Rent.
Risk Adjustment: Add an extra $100 to the fee for puppies or large breeds over 50 lbs.
Crucial Exception: Assistance Animals
This is the single most important compliance rule for landlords regarding pets. Assistance animals are NOT pets.
Under the Federal Fair Housing Act and Florida law, service animals and emotional support animals (ESAs) are considered medical tools, similar to a wheelchair.
What You CANNOT Do with Assistance Animals:
You cannot charge pet rent, pet fees, or pet deposits. Even if you have a "no pets" policy, you must make a reasonable accommodation for a verified assistance animal.
You cannot apply breed or weight restrictions to these animals.
What You CAN Do:
You can still charge the tenant for any actual damage the animal causes to the property. The tenant remains liable for repairs, just not for the upfront "privilege" fees.
You can request reliable documentation (if the disability is not obvious) verifying the disability and the need for the animal.
Practical Tips for Landlords
Use a Pet Screening Service: Third-party services can validate vet records, vaccination history, and assistance animal documentation, removing the burden of verification from you.
Inspect Regularly: Schedule routine inspections (with proper notice) to check for unreported pets or animal-related damage.
Be Specific in the Lease: Your lease addendum should clearly list the authorized animal's name, breed, and description. This prevents a tenant from swapping a small poodle for a large Great Dane without approval.
Combine Strategies: Many successful investors use a hybrid approach: a small non-refundable fee for onboarding (e.g., $150) plus monthly pet rent (e.g., $30) to maximize income while covering upfront admin costs.
Managing Risk While Growing Your Portfolio
Allowing pets is a smart way to reduce vacancy and increase rental income, but it requires a thoughtful financial strategy. By correctly using pet rent, fees, and deposits, you can protect your property assets while boosting your portfolio's bottom line.
Navigating the nuances of Fair Housing laws and assistance animals can be complex. One mistake with an ESA request can lead to significant legal fines.
Ensure your pet policies are profitable and compliant. Contact Don Asher Management today for expert guidance on lease structuring and property management solutions that protect your investments.
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At Don Asher Management, we've proudly served the Central Florida community for over 70 years. As a locally owned company with a strong understanding of the local market, we've cultivated strong relationships with regional and national contractors to deliver top-quality services. We're dedicated to meeting your property and HOA management needs with a personalized touch, combining our decades of experience and commitment to detail to provide unmatched service. We're confident in our ability to deliver exceptional services tailored just for you. Choose Don Asher Management—where personalized attention meets professional service.
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