Pet addendum to lease (Dallas-Fort Worth landlord)
Legal advice recommended before use.
Texas Property Code § 92.102 defines a security deposit broadly enough to include a refundable "pet deposit," regardless of what it's called on the paperwork — which means it's important to label pet-related charges clearly and consistently as either a refundable deposit (subject to the 30-day return deadline and normal-wear-and-tear rules of §§ 92.103-92.104) or a non-refundable fee/pet rent (which is not). This addendum makes that distinction explicit from the start.
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Label pet charges clearly as refundable (deposit) or non-refundable (fee/rent) — the label determines which legal rules apply. Template, not legal advice; not yet reviewed by a licensed Texas attorney.
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Frequently asked questions
Is a pet deposit the same as a regular security deposit under Texas law?
If it's refundable, yes — Tex. Prop. Code § 92.102 defines a security deposit to include a refundable pet deposit regardless of the label, so it gets the same 30-day return deadline and normal-wear-and-tear protections as any other deposit.
What's the difference between a pet deposit and a pet fee?
A refundable pet deposit is legally a security deposit and must be returned (minus lawful deductions) within 30 days of move-out. A non-refundable pet fee or ongoing pet rent is not a deposit — it's never returned, and the 30-day/itemization rules don't apply to it.
Can I charge a pet fee for a service animal?
No — under federal fair-housing law, a trained service animal or documented assistance animal isn't treated as a pet for fee purposes, though the tenant remains responsible for any real damage the animal causes.
Is there a cap on pet deposits or fees in Texas?
No statutory cap — Texas doesn't separately limit pet-related charges beyond the general lack of a security-deposit cap under § 92.102. The amount is set by the lease.
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