Notes and Explanation
We have released an attorney-reviewed update to our animal addendum. This form has been completely overhauled.
By default, if an animal addendum is not used, our standard lease prohibits keeping pets of any kind.
You can use this animal addendum to permit allowable pets, and should use it for service animals and assistance animals as well.
The new animal addendum aims to be comprehensive of all species and animal-related issues. It incorporates some notes taken as far back as several years ago and never yet put to legalese.
My favorite story actually comes from landlord Dawna in Concord, who described the funeral pyre she discovered her renters had set for their beloved iguana. Funeral pyres and more are now explicitly banned on the premises.
We have tried also to recognize that certain pets like snakes and turtles are not best described by their size alone but by their habitat/terrarium. Landlords can now put limits on the size of such tanks.
Obviously the main issues are dog poop and dogs chained to buildings. Here we adopt a “three strikes” policy that will increase enforceability in court. Document, document, and document a third time.
Some items will remain intractable. We have tried to deal with dog barking and caterwauling, but animals make noise. The problem we are particularly hopeful to address is unattended noisy animals.
Note finally that it continues to be illegal to charge pet rent, pet deposits, or pet fees in Massachusetts. Any reference to these (which confusingly were hardcoded “$000” in the previous version) have been removed. If an animal would cause increased wear and tear, negotiate the rent up, but do not take separate fees.
As always, use these forms with your best judgment, consult with an attorney for factors particular to your business, and let us know of any corrections or suggestions.