COMPANION/ASSISTANCE ANIMAL LEASE ADDENDUM (Pets are

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COMPANION/ASSISTANCE ANIMAL LEASE ADDENDUM
(Pets are not allowed unless Tenant receives prior written permission from Landlord. Permission will only be
given where it is necessary to make a reasonable accommodation for Resident.)
THIS AGREEMENT made and entered into on this ________________ day of _____________, 20___
By and between ________________________________, LANDLORD, and _________________________
________________________________, TENANT, in consideration of their mutual promises agree as
follows:
1. Tenant desires and has received permission from the Landlord to keep the assistance animal named
______________________ and described as: _____________________________________.
2. This Agreement is an Addendum to and part of the Standard Lease Agreement between the Landlord
and Tenant executed on ___________________, 20____. In the event of default by Tenant of any of
the terms of this Agreement, is shall be considered a default under the terms of the original Lease
Agreement. Tenant agrees, upon proper written notice of default from Landlord, to cure the default,
and remove the pet, or vacate the premises.
a. The Tenant’s liability applies to carpets, doors, walls, drapes, mini-blinds, screens, furniture,
appliances and any other part of the dwelling unit, landscaping, or other improvements to the
Landlord’s property. Tenant shall be strictly liable for the entire amount of any injury to the
persons or property of others, caused by such animal. All units occupied by a cat or dog will be
treated for fleas upon being vacated. Infestation of adjacent units or common areas will also be
treated. The costs of treating these units/areas are the responsibility of the assistance animals
owner.
b. At the termination of this Agreement, the Tenant agrees to pay Landlord for any damages or costs
caused by the Assistance Animal in excess of the Security Deposit on demand by Landlord.
c. Repairs made during tenancy as the result of Tenant’s failure to comply with the conditions and
covenants of this Agreement will be handled according to the Standard Lease Agreement.
Companion/Assistance Animal Lease Addendum
Page 2
3. Tenant agrees to the following:
a. The Health and Safety Code; and
b. All other applicable governmental laws and regulations such as, but not limited to licensing,
inoculations, etc; and
c. Assistance Animal Policy of the Landlord
4. Tenant affirms that the Assistance Animal is quiet and housebroken and will not cause any damage or
annoy other Tenants. Tenant further affirms that the assistance animal will not pose a threat or hazard
to any third party that comes in contact with the animal.
5. Tenant agrees that the animal will not be permitted outside the Tenant’s unit, unless restrained on a
leash. Use of the grounds or premises of Landlord for sanitary purpose is prohibited, except in the
area designated by the Landlord. Tenant will be responsible to clean up completely behind assistance
animal. Failure to comply with this requirement will result in automatic cleaning charge established
by the Landlord and posted in the office. All animal waste including cat liter shall be cleaned up
immediately and disposed of in sealed plastic trash bag and placed in the designated trash receptacle.
6. Tenant shall not permit the animal to cause any damage, discomfort, annoyance, nuisance or in any
other way inconvenience, or cause complaints from any other tenant or employees of management.
7. Tenant agrees to remedy any emergency situations involving Animal (e.g. attack by animal on staff
member another resident, contractor, or a guest) within Twenty Four (24) Hours and any nuisance
situations within Five (5) Days.
8. Tenant will be financially responsible for any flea or other insect infestation that affects his/her own
or adjacent units as a result of his/her animal.
9. Any animal left unattended for Twenty-Four (24) Hours or more whose health is jeopardized by the
Tenant’s neglect, mistreated or failure to care (regardless of reason) shall be reported to the SPCA or
other appropriate authority. Such circumstances shall be deemed an emergency for the purposes of
the Landlord’s right to enter the Tenant’s unit to allow such authority to remove the animal from the
premises. The Landlord accepts no responsibility for any animal so removed.
Companion/Assistance Animal Lease Addendum
Page 3
10. Tenant agrees to maintain Animal in good health condition and to update Assistance Animal
Information Card on an annual basis. Good health condition includes adequate care, nutrition,
exercise and medical attention. Animals which appear poorly cared for will be reported to the SPCA
or other appropriate authority and will be removed from the premises at the Tenant’s expense.
11. Tenant agrees to indemnify, defend, and Hold Landlord and Property Owner harmless from and
against any and all claims, actions, suits, judgments, and demands brought by any other party on
account of or in connection and any activity of or damage caused by the Tenant’s Assistance Animal.
Tenant assumes sole responsibility for liability arising from any injury sustained by any person
attributable to their pet and agrees to hold Landlord and Property Owner harmless in such
proceedings.
12. In the event of the Tenant’s sudden illness, the Tenant agrees that management shall have discretion
with respect to the provision of care to the pet consistent with federal guidelines and at the expense of
the Tenant unless written instructions with respect to such area are provided in advance by the
resident to the project office and all care shall be at the Tenant’s expense.
13. In the event of the death of the Tenant, the Tenant agrees that management shall have discretion to
dispose of the animal consistent with state guidelines, unless written instructions with respect to such
disposal are provided in advance by the Tenant to the project office.
14. Unwillingness on the part of named caretakers of an animal per Items 13 and 14 of this section to
assume custody of the animal shall relieve management of any requirements to adhere to any written
instructions with respect to the care or disposal of a animal and shall be considered as authorization to
management to exercise discretion in such regard consistent with any state or local guidelines.
15. Tenant acknowledges that other residents may have chemical sensitivities or allergies related to
animals or are easily frightened by such animals. The Tenant, therefore agrees to exercise common
sense and common courtesy with respect to such other tenant’s right to peaceful and quiet enjoyment
of the premises.
16. Management may move to require the removal of a animal from the premises on a temporary or
permanent basis for the following causes:
a. Creation of a nuisance after proper notification consistent with Section IV of the Assistance
Animal Policy.
b. Excessive animal noise or odor after the proper notification.
c. Unruly or dangerous behavior.
d. Excessive damage to the resident’s apartment unit and/or project common areas.
Companion/Assistance Animal Lease Addendum
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e. Repeated problems with vermin or flea infestation.
f. Failure of the Tenant to provide for adequate care of his/her animal.
g. Leaving an animal unattended for more than Twenty-Four (24) Hours.
h. Failure of the tenant to provide adequate and appropriate vaccination of the pet.
i. Tenant death and/or serious illness.
j. Failure to observe any other rule contained in the Assistance Animal Policy and not here
listed after proper notification.
17. Pets of visitors/guest are strictly prohibited with the exception of assistance animals.
18. When notified that management requires access to the unit (inspections, maintenance) the tenant is
encouraged to be present in the unit or remove the pet from the unit. In the event it is not feasible to
comply with this request it is the pet owner’s responsibility to place a note on the exterior of the main
entry door that an animal is inside the unit.
19. Under no circumstances (management’s entry into the unit with notification or in an emergency
situation without notification) will management be liable for the escape of the pet from the unit.
20. Tenant acknowledges that three (3) violations of this agreement and/or the Landlord’s Assistance
Animal Policy, which are herein incorporated by reference to this agreement is considered “Material
Non-Compliance” of the Standard Lease Agreement and is considered grounds for termination.
However, one (1) violation of the Assistance Animal Policy is considered grounds for termination of
the tenant’s lease.
21. Tenant has read and agrees to comply with the Assistance Animal POLICIES, which are herein
incorporated by reference, and agrees to comply with such rules and regulations as may be reasonable
adopted from time to time by the Landlord.
This agreement, signed this _________ day of _____________________, 20____, constitutes full
Understanding between the undersigned and is not transferable to any new or additional Assistance
Animal.
____________________________________
Manager
_________________________________________
Tenant
_________________________________________
Co-Tenant
COMPANION/ASSISTANCE ANIMAL INFORMATION CARD
Resident’s Name: _______________________________________________ Unit #: __________________
Home Phone: _____________________________ Work Phone: ___________________________________
Type of Assistance Animal: ________________________Year of Birth: ____________________________
Assistance Animal’s Name (if applicable): _____________________________________________________
Vet’s Name: _______________________________ Phone#: _____________________________________
Address _______________________________________________________________________________
_______________________________________________________________________________________
What year did you obtain this assistance animal? ____________________________
The following items must be attached to this card:
1.
2.
3.
4.
5.
Certificate of good health
Proof of license
Vaccination record
Proof of spaying/neutering
Proof of de-clawing (cats only)
Any comments or warnings regarding this assistance animal (disposition, health problems, etc.)?
_______________________________________________________________________________________
_______________________________________________________________________________________
In case of emergency (including tenant’s illness or death) please contact:
Name: ___________________________________________________________________________
Address: _________________________________________________________________________
_________________________________________________________________________________
Phone: ___________________________________________________________________________
Relationship: ______________________________________________________________________
COMPANION/ASSISTANCE ANIMAL POLICIES
AS OF
JANUARY 1, 1996 – Revised October 1, 2004
(Assistance animals are not allowed unless Tenant receives prior written permission from Landlord.)
I. DETERMINATION:
1. PROHIBITIONS
Pets/animals are prohibited in “Family” designated apartment complexes except to
comply with federal regulations regarding reasonable accommodation for handicapped or
disabled tenants or household members.
2. ALLOWANCES
Assistance animals are allowed in “Elderly” designated apartment complexes and in the portion
of a “Mixed” designated apartment complex set aside for elderly, handicapped or disabled
households.
3. SELECTION CRITERIA
A. APPROVAL
Prior to accepting an assistance animal for residency in this project, the assistance animal owner
and the project owner must enter into a “ASSISTANCE ANIMAL LEASE ADDENDUM”. In
addition, the animal owner must provide to the project owner and/or his/her agent proof of the
animal’s good health and suitability under the standards set forth under “Basic Guidelines” in
criteria. In addition, for the case of dogs and cats, proof must be given, and renewed annually, of
the animal’s licensing and vaccination record, together with proof of spaying or neutering and, in
the case of cats, of declawing.
B. BASIC GUIDELINES
1. The following types of common household animals will be permitted under the
following criteria (either 1 dog or 1 cat will be allowed):
A. DOGS (with the exception of assistance animals)
(1) Maximum number-(1)
(2) Maximum adult weight- 25 pounds
(3) Must be housebroken
(4) Must be spayed or neutered
(5) Must have all required vaccinations
(6) Must be licensed
B. CATS
(1)
(2)
(3)
(4)
(5)
Maximum number – (1)
Must be de-clawed
Must be spayed or neutered
Must have all required vaccinations
Must be trained to use a litter box
C. BIRDS
(1) Maximum number – (2)
(2) Must be maintained inside of cage at all times
D. FISH
(1) Maximum aquarium size -20 gallons
(2) Must be maintained on approved stand
2. Only the most common service/companion animals have been listed here. Others may
be approved.
3. Any tenant acquiring a assistance animal subsequent to the implementation date of
these policies shall comply with these guidelines.
II. ASSISTANCE ANIMALS DEPOSITS:
A. There are no Assistance Animal fees or deposits.
B. Resident’s liability for damages caused by his/her animal is not limited to the amount of the
security deposit for the apartment and the resident will be required to reimburse the project for the
real cost of any and all damages caused by his/her animal where they exceed the amount of the
security deposit.
C. All units occupied by a dog or cat will be fumigated upon being vacated. Infestation of a unit by
fleas carried by his/her animal shall be the responsibility of the animal owner. Infestation of
adjacent units or common areas attributable to a specific animal shall be the responsibility of the
animal owner or who shall be liable for the cost of correction the infestation.
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III. ASSISTANCE ANIMAL RULES:
A. DOGS AND CATS
1. Dogs and Cats shall be maintained within the resident’s unit. When outside, the animal
shall be kept on a leash and under the control of the resident AT ALL TIMES. Under no
circumstances shall any cat or dog be permitted to roam free in any common area.
2. All animal waste or litter from cat litter boxes shall be picked up immediately by the
animal owner and disposed of in sealed plastic trash bags and placed in trash bins. Cat
litter shall not be disposed of by flushing down toilets. Charges for unclogging toilets or
clean-up of common area required because of attributable animal nuisance shall be billed
to and paid by the resident animal owner.
3. Resident animal owner’s agree to be responsible for immediately cleaning up any dirt
tracked through the common area lobby, halls, or elevators by his/her animal.
4. Assistance Animal Owners shall keep their animal under control at all times. Animal
owners shall assume sole responsibility for liability arising from any injury sustained by
any person attributable to their animal and agree to hold the owner and management
harmless in such proceedings.
5. Resident animal owners agree to control the noise of his/her animal such that it does not
constitute a nuisance to other tenants. Failure to control animal noise may result in the
removal of the animal from the premises.
6. ANY ANIMAL WHO CAUSES BODILY INJURY TO ANY TENANT, GUEST OR
STAFF MEMBER SHALL BE IMMEDIATELY AND PERMANENTLY REMOVED
FROM THE PREMISES BY THE TENANT (ANIMAL OWNER) WITHOUT PRIOR
NOTIFICATION BY MANAGEMENT.
7. No animal shall be left unattended in any unit for longer than twenty four (24) hours.
8. All resident animal owners shall provide adequate care, nutrition, exercise and medical
attention for his/her animal. Animals which appear to be poorly cared for or which are left
unattended for longer than twenty four (24) hours will be reported to the SPCA or other
appropriate authority and will be removed from the premises at the animal owner’s
expense.
9. In the event of a tenant’s sudden illness, the resident animal’s owner agrees that
management shall have discretion with respect to the provision of care to the animal
consistent with federal guidelines and at the expense of the resident animal owner unless
written instructions with respect to such area are provided in advance by the resident to the
project office and all care shall be at the resident’s expense.
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10. In the event of the death of a resident, the resident animal owner agrees that management
shall have discretion to dispose of the animal consistent with the state guidelines, unless
written instructions with respect to such disposal are provided in advance by the resident to
the project office.
11. Unwillingness on the part of named caretakers of a animal per item #9 and #10 of this
section to assume custody of the pet shall relieve management of any requirements to be
considered as authorization to management to exercise discretion in such regard consistent
with any state or local guidelines.
12. Resident animal owners acknowledge that other residents may have chemical sensitivities
or allergies related to animals or are easily frightened by such animals. The resident,
therefore, agrees to exercise common sense and common courtesy with respect to such
other resident’s rights to a peaceful and quiet enjoyment of the premises.
13. Management may move to require the removal of a pet from the premises on a temporary
or permanent basis for the following causes:
A. Creation of a nuisance after proper notification consistent with Section IV of
These Assistance Animal Rules.
B. Excessive animal noise or odor after proper notification.
C. Unruly or dangerous behavior.
D. Excessive damage to the resident’s apartment unit and/or project common areas.
E. Repeated problems with vermin or flea infestation.
F. Failure of the tenant to provide for adequate care of his/her assistance animal.
G. Leaving an animal unattended more than twenty four (24) hours.
H. Failure of the tenant to provide adequate and appropriate vaccination of the
animal.
I. Tenant death and/or serious illness.
J. Failure to observe any other rule contained in
after proper notification.
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this section and not here listed
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