A pet clause governs animals kept as pets: which are allowed, how many, any deposit or fee, and the tenant’s duties for damage, noise and waste. It does not govern assistance animals, which are not pets under the Fair Housing Act and cannot be refused, charged for or limited by breed or weight rules when a person with a disability needs one — the HUD/DOJ Joint Statement gives the example of a deaf tenant’s dog that “will alert him to several sounds,” for which “the housing provider must make an exception to its ‘no pets’ policy.” Write the pet clause for pets, and write a separate accommodation procedure for everything else.
The pet clause
| Item | What to write | Texas note |
|---|---|---|
| Permitted animals | Type, number, size; each animal named in an addendum with a photograph and vaccination record | No state limit; HOA and city rules may apply |
| Deposit or fee | A refundable pet deposit is part of the security deposit under §92.102 and follows the same 30-day refund and accounting; a non-refundable fee must be labelled as such | §§92.102–92.104 |
| Damage | Tenant liable for damage beyond normal wear; deductions itemised under §92.104 | §92.104 |
| Conduct | Leash, waste, noise, no breeding or boarding | Lease term |
| Breach | Notice and cure; removal of the animal; eviction for continued breach | §24.005 notice |
The accommodation paragraph
Add one paragraph: “Assistance animals for persons with disabilities are not pets. Requests are handled under the landlord’s reasonable accommodation procedure; no pet deposit, fee or breed or weight limit applies to an approved assistance animal, and the tenant remains responsible for damage the animal causes.” That last point is the Joint Statement’s position too — the tenant with an accommodation is still liable for damage under the ordinary lease terms. Texas law mirrors the federal duty in Property Code §301.025.
What not to do
- Do not ask about disability on the pet addendum or the application.
- Do not require a “certificate” from a website; the Joint Statement contemplates reliable documentation of a disability-related need when the need is not apparent, not a registry.
- Do not treat an accommodation request as a pet-clause breach while it is under review — respond within a reasonable time and in writing.
Frequently asked questions
Can a Texas landlord charge a pet deposit?
Yes for pets. A refundable pet deposit is a security deposit under §92.102 and is refunded or itemised within 30 days of surrender; a non-refundable fee must be described as such (Property Code Chapter 92).
Can a pet deposit be charged for an assistance animal?
No. An assistance animal needed by a person with a disability is a reasonable accommodation, not a pet; pet deposits, fees and breed limits do not apply, though the tenant remains liable for damage (HUD/DOJ Joint Statement).
Can the lease ban certain breeds?
For pets, yes, subject to any local ordinance; a breed rule cannot be used to refuse an approved assistance animal, though an individual animal that poses a direct threat based on its own conduct may be refused (HUD/DOJ Joint Statement).
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- HUD/DOJ Joint Statement — Reasonable accommodations under the Fair Housing Act (May 17, 2004) ↗
- Texas Property Code, Chapter 301 — Texas Fair Housing Act ↗
- HUD — Fair Housing Act overview ↗
- Texas State Law Library — Leases ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.