Pet policy addendum (Chicago landlord)
Legal advice recommended before use.
A clear, written pet policy protects both landlord and tenant — but it has to be structured correctly under Illinois law. A refundable "pet deposit" is generally treated as part of the tenant's overall security deposit for RLTO purposes (subject to the same interest and itemization rules, MCC §§ 5-12-080, 5-12-081, for RLTO-covered units), while a non-refundable pet fee or ongoing pet rent is structured differently. Separately, a legitimate service or emotional support animal is not a "pet" for legal purposes under the federal Fair Housing Act, the Illinois Human Rights Act, and the Illinois Assistance Animal Integrity Act — a pet fee, pet rent, or pet deposit, and a no-pets policy, generally cannot be applied to it. See our pet policies and assistance animals guide for the full explanation.
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This is a template, not legal advice, and has not yet been reviewed by a licensed Illinois attorney. Do not attempt to apply a pet fee, pet rent, or pet deposit to a legitimate service or emotional support animal — confirm current disability-accommodation law before denying or charging for one.
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Frequently asked questions
Is a pet deposit refundable?
If structured as a deposit (Section 2 of this template), it's generally treated as part of the tenant's overall security deposit for RLTO purposes — refundable minus lawful, itemized deductions for damage beyond normal wear and tear, and subject to the same interest requirement as the rest of the deposit for RLTO-covered units.
Can I charge a pet fee for a service animal?
No — a legitimate service or emotional support animal is not treated as an ordinary pet under Illinois and federal disability-accommodation law. A pet fee, pet rent, or pet deposit generally cannot be charged for it, and this addendum's pet restrictions don't apply to it.
What if a tenant lies about their pet being a service animal?
The Illinois Assistance Animal Integrity Act makes misrepresenting a pet as a qualifying assistance animal, or providing fraudulent documentation, a Class C misdemeanor — this addendum notes that risk, but enforcement is a legal matter, not something a landlord handles unilaterally.
Does this addendum need to be attached to every lease?
Only where relevant — attach it when a tenant has, or is permitted to have, a pet. It's a supplement to the main lease, not a replacement for it.
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