COMPANION/ASSISTANCE ANIMAL LEASE ADDENDUM

(Pets are not allowed unless Tenant receives prior written permission from Landlord. Permission will only be given where it is necessary to make a reasonable accommodation for Resident.)

THIS AGREEMENT made and entered into on this ______day of ______, 20___

By and between ______, LANDLORD, and ______

______, TENANT, in consideration of their mutual promises agree as

follows:

  1. Tenant desires and has received permission from the Landlord to keep the assistance animal named

______and described as: ______.

  1. This Agreement is an Addendum to and part of the Standard Lease Agreement between the Landlord and Tenant executed on ______, 20____. In the event of default by Tenant of any of the terms of this Agreement, is shall be considered a default under the terms of the original Lease Agreement. Tenant agrees, upon proper written notice of default from Landlord, to cure the default, and remove the pet, or vacate the premises.

a.  The Tenant’s liability applies to carpets, doors, walls, drapes, mini-blinds, screens, furniture,

appliances and any other part of the dwelling unit, landscaping, or other improvements to the

Landlord’s property. Tenant shall be strictly liable for the entire amount of any injury to the

persons or property of others, caused by such animal. All units occupied by a cat or dog will be

treated for fleas upon being vacated. Infestation of adjacent units or common areas will also be

treated. The costs of treating these units/areas are the responsibility of the assistance animals

owner.

b.  At the termination of this Agreement, the Tenant agrees to pay Landlord for any damages or costs caused by the Assistance Animal in excess of the Security Deposit on demand by Landlord.

c.  Repairs made during tenancy as the result of Tenant’s failure to comply with the conditions and covenants of this Agreement will be handled according to the Standard Lease Agreement.

Companion/Assistance Animal Lease Addendum

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  1. Tenant agrees to the following:
  1. The Health and Safety Code; and
  1. All other applicable governmental laws and regulations such as, but not limited to licensing, inoculations, etc; and
  1. Assistance Animal Policy of the Landlord
  1. Tenant affirms that the Assistance Animal is quiet and housebroken and will not cause any damage or annoy other Tenants. Tenant further affirms that the assistance animal will not pose a threat or hazard to any third party that comes in contact with the animal.
  1. Tenant agrees that the animal will not be permitted outside the Tenant’s unit, unless restrained on a leash. Use of the grounds or premises of Landlord for sanitary purpose is prohibited, except in the area designated by the Landlord. Tenant will be responsible to clean up completely behind assistance animal. Failure to comply with this requirement will result in automatic cleaning charge established by the Landlord and posted in the office. All animal waste including cat liter shall be cleaned up immediately and disposed of in sealed plastic trash bag and placed in the designated trash receptacle.
  1. Tenant shall not permit the animal to cause any damage, discomfort, annoyance, nuisance or in any other way inconvenience, or cause complaints from any other tenant or employees of management.
  1. Tenant agrees to remedy any emergency situations involving Animal (e.g. attack by animal on staff member another resident, contractor, or a guest) within Twenty Four (24) Hours and any nuisance situations within Five (5) Days.
  1. Tenant will be financially responsible for any flea or other insect infestation that affects his/her own or adjacent units as a result of his/her animal.
  1. Any animal left unattended for Twenty-Four (24) Hours or more whose health is jeopardized by the Tenant’s neglect, mistreated or failure to care (regardless of reason) shall be reported to the SPCA or other appropriate authority. Such circumstances shall be deemed an emergency for the purposes of the Landlord’s right to enter the Tenant’s unit to allow such authority to remove the animal from the premises. The Landlord accepts no responsibility for any animal so removed.

Companion/Assistance Animal Lease Addendum

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  1. Tenant agrees to maintain Animal in good health condition and to update Assistance Animal Information Card on an annual basis. Good health condition includes adequate care, nutrition, exercise and medical attention. Animals which appear poorly cared for will be reported to the SPCA or other appropriate authority and will be removed from the premises at the Tenant’s expense.
  1. Tenant agrees to indemnify, defend, and Hold Landlord and Property Owner harmless from and against any and all claims, actions, suits, judgments, and demands brought by any other party on account of or in connection and any activity of or damage caused by the Tenant’s Assistance Animal. Tenant assumes sole responsibility for liability arising from any injury sustained by any person attributable to their pet and agrees to hold Landlord and Property Owner harmless in such proceedings.
  1. In the event of the Tenant’s sudden illness, the Tenant agrees that management shall have discretion with respect to the provision of care to the pet consistent with federal guidelines and at the expense of the Tenant unless written instructions with respect to such area are provided in advance by the resident to the project office and all care shall be at the Tenant’s expense.
  1. In the event of the death of the Tenant, the Tenant agrees that management shall have discretion to dispose of the animal consistent with state guidelines, unless written instructions with respect to such disposal are provided in advance by the Tenant to the project office.
  1. Unwillingness on the part of named caretakers of an animal per Items 13 and 14 of this section to assume custody of the animal shall relieve management of any requirements to adhere to any written instructions with respect to the care or disposal of a animal and shall be considered as authorization to management to exercise discretion in such regard consistent with any state or local guidelines.
  1. Tenant acknowledges that other residents may have chemical sensitivities or allergies related to animals or are easily frightened by such animals. The Tenant, therefore agrees to exercise common sense and common courtesy with respect to such other tenant’s right to peaceful and quiet enjoyment of the premises.
  1. Management may move to require the removal of a animal from the premises on a temporary or permanent basis for the following causes:
  1. Creation of a nuisance after proper notification consistent with Section IV of the Assistance Animal Policy.
  1. Excessive animal noise or odor after the proper notification.
  1. Unruly or dangerous behavior.
  1. Excessive damage to the resident’s apartment unit and/or project common areas.

Companion/Assistance Animal Lease Addendum

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  1. Repeated problems with vermin or flea infestation.
  1. Failure of the Tenant to provide for adequate care of his/her animal.
  1. Leaving an animal unattended for more than Twenty-Four (24) Hours.
  1. Failure of the tenant to provide adequate and appropriate vaccination of the pet.
  1. Tenant death and/or serious illness.
  1. Failure to observe any other rule contained in the Assistance Animal Policy and not here listed after proper notification.
  1. Pets of visitors/guest are strictly prohibited with the exception of assistance animals.
  1. When notified that management requires access to the unit (inspections, maintenance) the tenant is encouraged to be present in the unit or remove the pet from the unit. In the event it is not feasible to comply with this request it is the pet owner’s responsibility to place a note on the exterior of the main entry door that an animal is inside the unit.
  1. Under no circumstances (management’s entry into the unit with notification or in an emergency situation without notification) will management be liable for the escape of the pet from the unit.
  1. Tenant acknowledges that three (3) violations of this agreement and/or the Landlord’s Assistance Animal Policy, which are herein incorporated by reference to this agreement is considered “Material Non-Compliance” of the Standard Lease Agreement and is considered grounds for termination. However, one (1) violation of the Assistance Animal Policy is considered grounds for termination of the tenant’s lease.
  1. Tenant has read and agrees to comply with the Assistance Animal POLICIES, which are herein incorporated by reference, and agrees to comply with such rules and regulations as may be reasonable adopted from time to time by the Landlord.

This agreement, signed this ______day of ______, 20____, constitutes full

Understanding between the undersigned and is not transferable to any new or additional Assistance

Animal.

______

Manager Tenant

______

Co-Tenant

COMPANION/ASSISTANCE ANIMAL INFORMATION CARD

Resident’s Name: ______Unit #: ______

Home Phone: ______Work Phone: ______

Type of Assistance Animal: ______Year of Birth: ______

Assistance Animal’s Name (if applicable): ______

Vet’s Name: ______Phone#: ______

Address ______

______

What year did you obtain this assistance animal? ______

The following items must be attached to this card:

  1. Certificate of good health
  2. Proof of license
  3. Vaccination record
  4. Proof of spaying/neutering
  5. Proof of de-clawing (cats only)

Any comments or warnings regarding this assistance animal (disposition, health problems, etc.)?

______

______

In case of emergency (including tenant’s illness or death) please contact:

Name: ______

Address: ______

______

Phone: ______

Relationship: ______

COMPANION/ASSISTANCE ANIMAL POLICIES

AS OF

JANUARY 1, 1996 – Revised October 1, 2004

(Assistance animals are not allowed unless Tenant receives prior written permission from Landlord.)

I. DETERMINATION:

1. PROHIBITIONS

Pets/animals are prohibited in “Family” designated apartment complexes except to

comply with federal regulations regarding reasonable accommodation for handicapped or

disabled tenants or household members.

2. ALLOWANCES

Assistance animals are allowed in “Elderly” designated apartment complexes and in the portion

of a “Mixed” designated apartment complex set aside for elderly, handicapped or disabled

households.

3.  SELECTION CRITERIA

A. APPROVAL

Prior to accepting an assistance animal for residency in this project, the assistance animal owner and the project owner must enter into a “ASSISTANCE ANIMAL LEASE ADDENDUM”. In addition, the animal owner must provide to the project owner and/or his/her agent proof of the animal’s good health and suitability under the standards set forth under “Basic Guidelines” in criteria. In addition, for the case of dogs and cats, proof must be given, and renewed annually, of the animal’s licensing and vaccination record, together with proof of spaying or neutering and, in the case of cats, of declawing.

B. BASIC GUIDELINES

  1. The following types of common household animals will be permitted under the following criteria (either 1 dog or 1 cat will be allowed):

A. DOGS (with the exception of assistance animals)

(1) Maximum number-(1)

(2) Maximum adult weight- 25 pounds

(3) Must be housebroken

(4) Must be spayed or neutered

(5)  Must have all required vaccinations

(6)  Must be licensed

B.  CATS

(1) Maximum number – (1)

(2) Must be de-clawed

(3) Must be spayed or neutered

(4) Must have all required vaccinations

(5) Must be trained to use a litter box

C.  BIRDS

(1) Maximum number – (2)

(2) Must be maintained inside of cage at all times

D.  FISH

(1) Maximum aquarium size -20 gallons

(2) Must be maintained on approved stand

  1. Only the most common service/companion animals have been listed here. Others may be approved.
  1. Any tenant acquiring a assistance animal subsequent to the implementation date of these policies shall comply with these guidelines.

II. ASSISTANCE ANIMALS DEPOSITS:

A.  There are no Assistance Animal fees or deposits.

B.  Resident’s liability for damages caused by his/her animal is not limited to the amount of the security deposit for the apartment and the resident will be required to reimburse the project for the real cost of any and all damages caused by his/her animal where they exceed the amount of the security deposit.

C.  All units occupied by a dog or cat will be fumigated upon being vacated. Infestation of a unit by fleas carried by his/her animal shall be the responsibility of the animal owner. Infestation of adjacent units or common areas attributable to a specific animal shall be the responsibility of the animal owner or who shall be liable for the cost of correction the infestation.

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III. ASSISTANCE ANIMAL RULES:

A.  DOGS AND CATS

1.  Dogs and Cats shall be maintained within the resident’s unit. When outside, the animal shall be kept on a leash and under the control of the resident AT ALL TIMES. Under no circumstances shall any cat or dog be permitted to roam free in any common area.

2.  All animal waste or litter from cat litter boxes shall be picked up immediately by the animal owner and disposed of in sealed plastic trash bags and placed in trash bins. Cat litter shall not be disposed of by flushing down toilets. Charges for unclogging toilets or clean-up of common area required because of attributable animal nuisance shall be billed to and paid by the resident animal owner.

3.  Resident animal owner’s agree to be responsible for immediately cleaning up any dirt tracked through the common area lobby, halls, or elevators by his/her animal.

4.  Assistance Animal Owners shall keep their animal under control at all times. Animal owners shall assume sole responsibility for liability arising from any injury sustained by any person attributable to their animal and agree to hold the owner and management harmless in such proceedings.

5.  Resident animal owners agree to control the noise of his/her animal such that it does not constitute a nuisance to other tenants. Failure to control animal noise may result in the removal of the animal from the premises.

6.  ANY ANIMAL WHO CAUSES BODILY INJURY TO ANY TENANT, GUEST OR STAFF MEMBER SHALL BE IMMEDIATELY AND PERMANENTLY REMOVED FROM THE PREMISES BY THE TENANT (ANIMAL OWNER) WITHOUT PRIOR NOTIFICATION BY MANAGEMENT.

7.  No animal shall be left unattended in any unit for longer than twenty four (24) hours.

8.  All resident animal owners shall provide adequate care, nutrition, exercise and medical attention for his/her animal. Animals which appear to be poorly cared for or which are left unattended for longer than twenty four (24) hours will be reported to the SPCA or other appropriate authority and will be removed from the premises at the animal owner’s expense.

9.  In the event of a tenant’s sudden illness, the resident animal’s owner agrees that management shall have discretion with respect to the provision of care to the animal consistent with federal guidelines and at the expense of the resident animal owner unless written instructions with respect to such area are provided in advance by the resident to the project office and all care shall be at the resident’s expense.