Florida Pet Rent Laws in 2025: A Guide for Landlords

In Florida, the relationship between landlords and tenants concerning pet ownership is governed by a combination of state statutes and federal regulations. As pet ownership continues to rise, with many households considering pets as integral family members, the demand for pet-friendly rental accommodations has significantly increased. This trend presents both opportunities and challenges for landlords.​

The Florida Residential Landlord and Tenant Act provides a framework that outlines the rights and responsibilities of both landlords and tenants concerning pet policies. While landlords have the discretion to permit or restrict pets within their properties, they must navigate specific legal requirements, especially when it comes to service animals and emotional support animals (ESAs). Understanding these distinctions is crucial to ensure compliance with the law and to foster positive landlord-tenant relationships.​

This comprehensive guide delves into the legal landscape of pet policies in Florida rental properties, offering insights into security deposit regulations, the differentiation between pets and assistance animals, and best practices for landlords aiming to create clear and enforceable pet policies.​

Legal Framework Governing Pets in Florida Rentals

Florida Residential Landlord and Tenant Act Overview

The Florida Residential Landlord and Tenant Act serves as the primary legal document governing rental agreements within the state. It delineates the rights and obligations of landlords and tenants, providing a structured approach to various rental aspects, including pet policies.

While the act does not explicitly mandate provisions regarding pet ownership, it grants landlords the authority to establish their own pet policies, which should be clearly articulated within the lease agreement. This includes specifying any restrictions, such as breed or size limitations, and outlining any associated fees or deposits.​

Pet Policies in Lease Agreements

In Florida, landlords possess the discretion to determine whether pets are permitted on their properties. If a landlord chooses to allow pets, it's imperative that the lease agreement encompasses a detailed pet policy. Key elements to include are:​

• Types of Pets Allowed: Clearly specify which animals are permissible, including any breed or size restrictions.​
• Pet Deposits and Fees: Outline any additional financial requirements, such as pet deposits (which are separate from standard security deposits) or monthly pet fees.​
• Tenant Responsibilities: Define expectations regarding pet care, maintenance, and adherence to local ordinances, ensuring pets do not become a nuisance to neighbors.​
• Consequences of Policy Violations: Detail the repercussions for breaching the pet policy, which may range from fines to potential eviction.​

By incorporating these elements, landlords can safeguard their property while providing clarity to tenants. It's essential that all pet-related terms are documented in writing within the lease to prevent future disputes.​

Evictions Related to Pets

Landlords retain the right to enforce the terms of the lease agreement, including those pertaining to pets. Grounds for pet-related evictions may encompass:​

• Unauthorized Pets: Introduction of a pet into the rental unit without obtaining prior consent from the landlord.​
• Property Damage: Significant harm caused to the property by the tenant's pet, exceeding normal wear and tear.​
• Disturbances: Pets that create continuous noise or pose a threat to other tenants, thereby disrupting the peaceful enjoyment of the premises.​

In instances where a tenant violates the pet policy, landlords must adhere to the procedures outlined in the Florida Residential Landlord and Tenant Act. This typically involves providing the tenant with written notice specifying the violation and granting a designated period to rectify the issue. Should the tenant fail to comply, the landlord may proceed with eviction proceedings in accordance with state law.​

Security Deposits, Pet Fees, and Pet Rent

State Regulations on Security Deposits

Florida law regulates the collection and management of security deposits to protect the interests of both landlords and tenants. Key provisions include:​

• Standard Security Deposit Limit: Florida law does not impose a statutory limit on the amount a landlord can charge for a security deposit. However, the amount should be reasonable and reflective of the rental market.​
• Separate Pet Deposits: Landlords are permitted to request a separate pet deposit to cover potential damages caused by the pet. This deposit is distinct from the general security deposit and is intended specifically for pet-related damages.​
• Handling and Return of Deposits: Upon termination of the lease, landlords are obligated to return the security and pet deposits, minus any deductions for damages, within 15 days if there are no claims. If there are deductions, the landlord must provide written notice to the tenant within 30 days, specifying the reasons for the claim. The tenant then has 15 days to object to the claim.​

Pet Rent and Non-Refundable Pet Fees

Beyond deposits, landlords may opt to charge additional fees to offset potential risks associated with pet occupancy:​

Pet rent entails a recurring monthly fee added to the tenant's rent for housing a pet. Florida law permits landlords to impose pet rent, with the amount typically reflecting factors such as the type, size, and number of pets. It's crucial that this charge is explicitly stated in the lease agreement.​

Some landlords may require a one-time, non-refundable fee to cover potential wear and tear or additional cleaning necessitated by pet occupancy. While Florida law does not explicitly address non-refundable pet fees, it's advisable for landlords to ensure that any such charges are reasonable and clearly outlined in the lease.

Allocation of Pet Fees and Deposits

Understanding the appropriate use of pet-related funds is vital for both landlords and tenants. Pet deposits serve as a financial safeguard, covering damages directly attributed to the pet, such as excessive scratches, carpet stains, or chewed fixtures. These funds must be handled like any other security deposit, meaning they must be held in escrow and returned to the tenant within 15 days after the lease ends, minus any deductions for damages beyond normal wear and tear. If the landlord plans to deduct from the deposit, they must provide a written notice within 30 days, explaining the deductions, and the tenant has 15 days to dispute the charges.

In contrast, pet rent is not meant to cover damages but is instead an ongoing fee intended to offset additional maintenance costs associated with allowing pets in a rental property. Since pet rent is part of the lease agreement, tenants are obligated to pay it as long as they have an approved pet living in the unit.

Non-refundable pet fees are typically used for initial cleaning costs or maintenance expenses after a pet resides in the unit. Unlike refundable deposits, these fees are retained by the landlord regardless of whether the pet causes damage. It is essential for landlords to clearly define all pet-related fees and deposits in the lease agreement to prevent misunderstandings or disputes.

By structuring pet-related charges properly and ensuring compliance with Florida’s rental laws, landlords can mitigate financial risks while ensuring tenants understand their obligations. A well-documented lease agreement outlining pet rent, deposits, and fees protects both landlords and tenants from unnecessary conflicts.

Service Animals and Emotional Support Animals

Legal Definitions and Protections

In Florida, it's essential to distinguish between service animals and emotional support animals (ESAs), as they are afforded different rights and protections under the law.​

Under the Americans with Disabilities Act (ADA) and Florida law, a service animal is defined as a dog (and in some cases, a miniature horse) that is individually trained to perform tasks or work for an individual with a disability. These tasks must be directly related to the person's disability, such as guiding individuals with visual impairments, alerting those with hearing impairments, pulling a wheelchair, or retrieving items. Service animals are granted broad access to public accommodations and housing, ensuring that individuals with disabilities can fully participate in all aspects of society.

Emotional Support Animals provide companionship, relieve loneliness, and sometimes help with depression, anxiety, and certain phobias, but they do not have specialized training to perform specific tasks that assist people with disabilities. Under the Fair Housing Act (FHA), individuals with a disability-related need for an ESA are entitled to reasonable accommodations in housing, even in properties that have a no-pet policy. However, ESAs do not have the same public access rights as service animals.

Implications for Landlords

Landlords in Florida must navigate their responsibilities concerning service animals and ESAs carefully to comply with federal and state laws.​

Landlords are required to allow service animals in their rental properties, even if they have a no-pet policy. They cannot impose breed, size, or weight restrictions on service animals. Additionally, landlords are prohibited from charging pet deposits, pet fees, or additional rent for service animals. However, tenants can be held responsible for any damages caused by the service animal beyond normal wear and tear. When the need for a service animal is not obvious, landlords are permitted to ask only two questions:​

1. Is the animal required because of a disability?​
2. What work or task has the animal been trained to perform?​

Landlords cannot request documentation, require the animal to demonstrate its tasks, or inquire about the nature of the tenant's disability. ​

For ESAs, landlords must make reasonable accommodations, which may include waiving no-pet policies or pet-related fees. Tenants requesting an ESA accommodation should provide reliable documentation from a licensed healthcare professional verifying the need for the animal due to a disability. Landlords can verify the authenticity of such documentation but must handle all information confidentially and cannot demand detailed medical records. Similar to service animals, tenants are liable for any damages caused by their ESAs. It's important to note that while landlords must accommodate ESAs, they can impose certain reasonable restrictions, such as ensuring the animal does not pose a direct threat to the safety of others or cause substantial property damage. ​

Prohibited Charges

Florida law aligns with federal regulations in prohibiting landlords from imposing additional fees or deposits for service animals and ESAs.

Landlords cannot charge any pet-related deposits, fees, or higher rent amounts for tenants with service animals. This ensures that individuals with disabilities are not financially burdened for having a service animal. However, if a service animal causes damage to the property, the landlord can deduct the cost of repairs from the tenant's standard security deposit, similar to any other tenant-caused damages. ​

While landlords must accommodate Emotional Support Animals, they cannot charge pet fees or deposits specifically for the ESA. Nonetheless, tenants are responsible for any damage caused by the ESA, and landlords can apply charges for repairs against the tenant's security deposit. It's essential for landlords to distinguish between general pet policies and the requirements for accommodating ESAs to avoid potential legal issues.

By understanding and adhering to these regulations, landlords can ensure compliance with the law while fostering an inclusive environment for all tenants.​

Best Practices for Landlords

Establishing clear and fair pet policies is crucial for landlords to protect their property interests while accommodating tenants with pets or assistance animals. By implementing comprehensive guidelines and ensuring compliance with anti-discrimination laws, landlords can foster positive tenant relationships and minimize potential disputes.​

Crafting a Comprehensive Pet Policy

A well-defined pet policy should be incorporated into the lease agreement and address the following elements:​

• Permissible Pets: Specify which types of pets are allowed, including any restrictions on species, breeds, sizes, or the number of pets permitted.​
• Pet Deposits and Fees: Clearly outline any additional deposits or monthly fees associated with pet ownership, ensuring they comply with Florida's regulations.​
• Tenant Responsibilities: Detail expectations for pet care, such as maintaining cleanliness, preventing noise disturbances, and ensuring the pet does not cause damage to the property.​
• Vaccinations and Licensing: Require proof of up-to-date vaccinations and any necessary licenses as mandated by local ordinances.​
• Consequences of Policy Violations: Explain the actions that will be taken if the pet policy is violated, which may include fines, removal of the pet, or eviction in severe cases.​

It's important to note that while landlords can set policies regarding pets, they must make reasonable accommodations for tenants with service animals or ESAs, as these are not considered pets under the law.

Screening and Documentation

To reduce the risks associated with allowing pets in rental properties, landlords should implement a thorough pet screening process and require proper documentation from tenants. This helps ensure that only well-behaved, properly cared-for pets are permitted in the rental unit.

Best Practices for Pet Screening:

• Pet Application Form: Require tenants to submit a separate pet application, detailing the pet’s breed, size, age, and history.
• Vaccination & Health Records: Request proof of vaccinations and up-to-date vet checkups to ensure the pet is in good health.
• Behavior History: Ask tenants for references from previous landlords regarding the pet’s behavior, particularly regarding noise complaints or property damage.
• Pet Interview (If Necessary): Some landlords choose to meet the pet in person before approving it, especially in multi-unit buildings where noise or aggression might be a concern.

Important Lease Clauses for Pet Owners:

Once a pet is approved, landlords should ensure that all pet-related terms and conditions are explicitly stated in the lease agreement. Key clauses should include:

• Pet Liability: Tenants must acknowledge responsibility for their pet’s behavior, including noise disturbances, damages, and any harm caused to others.
• Restricted Areas: If applicable, specify areas where pets are not allowed within the property, such as community pools, playgrounds, or certain common areas.
• Pet Waste Disposal: Require tenants to properly dispose of pet waste and comply with local pet ordinances.
• Violation Consequences: Clearly state the penalties for pet policy violations, which may include fines, additional security requirements, or even eviction in severe cases.

By screening pets carefully and documenting all pet-related rules, landlords can minimize risks while still accommodating responsible pet owners. A well-structured pet policy not only protects the property but also helps create a positive rental experience for both landlords and tenants.

Key Takeaways for Landlords

Navigating pet policies in Florida rental properties requires landlords to balance property protection with tenant rights. While landlords can set pet policies, charge pet rent, and require pet deposits, they must also comply with Florida’s security deposit laws and federal protections for service animals and emotional support animals (ESAs).

Final Thoughts on Pet Policies in Florida Rentals

• Landlords have the right to establish pet policies, including restrictions on breeds, pet sizes, and total number of pets allowed. However, all pet rules must be clearly stated in the lease agreement to be enforceable.
• Security deposits in Florida do not have a statutory limit, but they must be reasonable and properly accounted for. Pet deposits should be separate from general security deposits, and must be returned within 15 days unless deductions are made.
• Pet rent is legal in Florida, and landlords can charge a monthly pet fee. However, these fees must be disclosed in the lease agreement and should reflect reasonable market rates.
• Service animals and ESAs are not considered pets, meaning landlords cannot charge pet deposits, pet rent, or additional fees for them. However, tenants are responsible for any damages their assistance animal causes.
• Evictions related to pets must follow Florida’s legal process, ensuring that any lease violations—such as unauthorized pets, property damage, or disturbances—are handled in compliance with state law.
• Regular property inspections can help landlords monitor pet-related wear and tear, but tenants must be given appropriate notice before an inspection is conducted.
• A well-structured lease agreement protects both landlords and tenants by outlining pet policies, deposits, tenant responsibilities, and violation consequences.

By implementing clear, enforceable pet policies, landlords can protect their rental properties while accommodating responsible pet owners. A legally compliant and fair approach ensures that landlords maintain control over their rental units while adhering to tenant protections under Florida law.

Frequently Asked Questions About Florida Pet Rent Laws

Can you charge pet rent in Florida?

Yes, landlords in Florida are permitted to charge pet rent. Pet rent is a recurring monthly fee added to the tenant's regular rent to accommodate a pet in the rental property. This fee helps landlords offset potential additional wear and tear or maintenance costs associated with allowing pets.

It's important to note that all pet-related fees, including pet rent, should be clearly outlined in the lease agreement. However, landlords cannot charge pet rent for service animals or emotional support animals, as they are not considered pets under the law.

What is the new law for renting in Florida?

As of July 1, 2024, Florida implemented changes to the Florida Landlord and Tenant Act (Florida Statute 83), which standardized rental regulations across the state. This legislative update invalidated more than 40 local ordinances, including tenant bills of rights and fair notice requirements, replacing them with a uniform statewide law. The goal was to simplify the legal landscape for both landlords and tenants, ensuring consistency in rental practices throughout Florida.

Can I refuse to rent to someone with a service dog in Florida?

No, under the Fair Housing Act and the Americans with Disabilities Act, landlords in Florida cannot refuse to rent to an individual solely because they have a service dog.

Service animals are not considered pets; they are trained to perform specific tasks for individuals with disabilities. Landlords are required to make reasonable accommodations for tenants with service animals and cannot impose pet fees or deposits for these animals. However, tenants are responsible for any damages caused by the service animal beyond normal wear and tear. 

What is a reasonable amount for pet rent in Florida?

The amount charged for pet rent in Florida varies based on factors such as the property's location, the type and size of the pet, and the landlord's policies. On average, pet rent ranges from $20 to $50 per month.

It's essential for landlords to set pet rent at a reasonable rate that reflects the potential additional costs associated with allowing pets, while also considering market standards. All pet rent charges should be clearly specified in the lease agreement. 

Is pet rent negotiable in Florida?

Yes, pet rent is negotiable in Florida. While landlords have the right to set pet-related fees, tenants can discuss and negotiate these terms before signing the lease agreement. Factors that might influence negotiations include the pet's size, breed, age, and the tenant's rental history. Open communication between landlords and tenants can lead to mutually agreeable terms regarding pet rent.​

Why do apartment complexes charge pet rent in Florida?

Apartment complexes in Florida charge pet rent to offset potential additional costs associated with allowing pets in rental units. Pets can contribute to increased wear and tear, necessitate more frequent cleaning, and may require property modifications.

The additional monthly pet rent helps cover these expenses and serves as a financial safeguard for property owners. It's a common practice to ensure that the property remains well-maintained and that any pet-related damages are adequately addressed.