7.24.038 - Pet damage deposits
A.
Except as provided in subsection 7.24.038.B, the landlord may require payment of a
pet damage deposit provided that the total amount of the pet damage deposit may not
exceed 25 percent of the first full month's rent, regardless of the time when the
pet damage deposit is paid. If rent is not paid or otherwise apportioned on a monthly
basis then for the sole purpose of applying this limit the total rent shall be pro-rated
on an equal, monthly basis and the total charge to a tenant for the pet damage deposit
may not exceed 25 percent of the pro-rated, monthly rental amount.
B.
The landlord may not require a pet damage deposit if the pet serves as an assistance
animal for the tenant. This prohibition does not prohibit a landlord from bringing
an action for damages resulting from damage to the landlord's property caused by the
tenant's assistance animal.
C.
If the pet's occupancy begins at the beginning of tenancy, the amount of the pet damage
deposit shall be specified in a rental agreement. If the pet's occupancy begins after
the beginning of the tenancy, the amount of the pet damage deposit shall be specified
in an addendum to the rental agreement. The tenant may elect to pay the pet damage
deposit in three consecutive, equal monthly installments that begin when the pet first
occupies the rental unit or, the tenant may propose an alternative installment schedule.
If the landlord agrees to the tenant's alternative installment schedule the schedule
shall be described in the rental agreement.
D.
The landlord cannot keep any portion of the pet damage deposit for damage that was
not caused by pets for which the tenant is responsible.
E.