Renting with Pets: What Landlords Can Legally Restrict

For many tenants, a pet is a family member, not just an animal living in their house. But for landlords, pets raise concerns like damage, complaints from neighbours, hygiene, or simply whether pets are allowed at all.

This is where the problem begins. In India, landlords can set conditions for renting out their property, but they can put restrictions only to a certain extent, especially when it comes to housing rules, animal welfare, or disability-related needs.

This blog covers the restrictions a landlord can put when a tenant has pets, what a tenant's responsibilities are, how pet-related charges work, and what needs to be mentioned in a rental agreement so that tenancy runs smoothly.

Key Takeaways

• A rental agreement must define pet-related terms.
• Pet restrictions must be specific, reasonable, and clearly documented.
• Pet deposits or pet rent are not governed by one uniform national rate.
• Assistance animals connected with disability must be considered separately.
• Tenants must take responsibility for the damage their pet causes.

Can a Landlord Say No to Pets?

When a tenant has a pet, a landlord can choose if the property is pet-friendly or not pet-friendly, in accordance with the applicable state law and the terms of the agreement.

The real question is when and how restrictions are imposed. If a tenancy agreement clearly states that pets are not permitted and the condition is accepted by the tenant, bringing in a pet later can count as a breach of the agreement.

However, landlords should not assume that every blanket pet ban operating in a residential building is applicable everywhere. The Animal Welfare Board of India has issued guidelines concerning pet dogs and residential welfare associations. Courts have also considered the rights of residents to keep pets.

This distinction matters. A landlord's contractual terms and an apartment association's rules are not necessarily the same.

What Is Covered Under the No-Pet Clause?

A no-pet clause, governed by the Indian Contract Act, 1872 and State Rent Control Acts, should leave little room for interpretation. Instead of simply stating that pets are prohibited, it should clarify what the landlord means by the word 'pet'. The agreement can specify whether the restriction covers:

• Dogs and cats
• Birds, rabbits, or other animals that can be domesticated
• Temporary pet-sitting or visiting animals
• Keeping animals in balconies, terraces, or common areas
• Breeding animals
• Additional pets acquired after the agreement is signed

If pets are permitted, the agreement should also state whether the landlord's consent must be taken in writing. The clause should not be seen as a replacement of legitimate animal welfare requirements.

What Restrictions Can Be Put on Pets By a Landlord?

A landlord can use the agreement as a medium to set the conditions for keeping an approved pet. These may include restrictions like:

• The number of pets
• Keeping pets in the rented place
• Cleanliness, hygiene, and waste disposal
• Avoiding noise and nuisance
• Damage to the property
• Compliance with applicable municipal requirements
• Keeping the pet under control in common areas

The difference lies between pet-related conduct and imposing rules that conflict with law. For instance, a landlord can ask a tenant to clean up after a dog and compensate the landlord for damage. But a landlord should not assume that an apartment association can simply prohibit all pet dogs.

The AWBI has addressed complaints related to blanket pet bans and the Prevention of Cruelty to Animals Act, 1960 has provided answers.

What is Charged When a Tenant Has Pets?

In India, no law claims a standard pet deposit or monthly pet rent charged from a tenant. Whether an additional amount can be charged, and how much can be charged depends on the agreement and applicable tenancy rules. Therefore, landlords should not charge any percentage or rupee amount as a nationwide legal requirement.

Apart from ensuring that the agreement aligns with the applicable law, a landlord who takes a pet-related charge should state whether it is:

• A deposit that will be refunded
• A charge that will be taken every month
• A part of the rent itself

Service and Emotional Support Animals: What Exceptions Must Landlords Know?

This is where landlords should be careful. India's Rights of Persons with Disabilities Act, 2016 recognises:

• Equality
• Non-discrimination
• Accommodation for persons with disabilities

The Act is relevant when an animal is connected to a person's disability-related needs. At the same time, Indian law does not have a single, comprehensive residential framework identical to the USA's concept of 'emotional support animals'. This is why landlords should not assume that an emotional support animal is an exception.

When a tenant asks for disability-related accommodation, the landlord should consider their request and collect documentation instead of rejecting it just because the property follows a no-pet clause. Service animals must also be recognised here.

Who Pays When a Pet Causes Damage?

Generally, tenancy terms hold the tenant responsible for damage caused by their or their pet's conduct. It covers damage like:

• Scratched doors
• Scratched flooring
• Damaged furniture
• Chewed electrical wires
• Stains
• Damage beyond ordinary wear and tear

The landlord should document the condition of the property at move-in and keep a record of photographs, inspection, and repair bills. If a security deposit is being used to cover damage, deductions should be made in accordance with the agreement and the applicable law. The Model Tenancy Act, 2021 allows deduction from the security deposit for any damage caused by the tenant before the remaining amount is refunded.

What if a Tenant Violates the No-Pet Clause?

Violating a clause does not automatically mean that the landlord can evict the tenant or remove the animal. Before taking action, a landlord should go through the agreement and the state law that applies. Depending on the circumstances, the appropriate response may involve:

• Giving a written notice of the breach
• Asking the tenant to comply within the permitted period
• Recording repeated nuisance, damage, or other violations
• Seeking termination of the tenancy when justified by the breach
• Taking legal action if the tenant does not comply

The following self-help measures can invite further legal problems for the landlord:

• Entering the property forcibly
• Removing the tenant's belongings
• Taking the animal away

Drafting a Clear Pet Clause: What Should a Rental Agreement Specify?

A well-written pet clause should address all the necessary questions. It should specify:

• Whether pets are permitted: Given in writing.
• Which animals are covered: Dogs, cats, and other animals.
• Number of pets: The maximum permitted.
• Common area rules: Where and how pets can be taken in common spaces.
• Cleanliness: Responsibility to dispose of waste and maintain hygiene.
• Noise and nuisance: Preventing disturbance.
• Damage: Tenant's responsibility to fix the damage their pet causes.
• Charges: Any additional deposit.
• Vaccination: Compliance with legal and medical requirements.
• Breeding or commercial use: Whether these activities are prohibited.
• Breach procedure: What happens if the pet conditions are violated.
• Disability-related requests: A process for considering accommodation requests.

The agreement must be consistent with the applicable state law, municipal rules, and animal-welfare requirements.

Conclusion

For an Indian landlord, a pet-related clause must be clear, specific, and legally backed. Though a landlord can decide the pet terms of a tenancy, it does not mean that every blanket restriction will automatically rule out the applicable law.

The ideal way is to define permitted animals, charges, damage liability, hygiene, and nuisance obligations in the rental agreement. Where disability-related assistance animals or residential-society rules are involved, additional legal considerations may apply.

Hence, a carefully-written pet clause mentioned in the rental agreement not only avoids disputes from happening but also protects both the landlord's property as well as the tenant's rights.