For many tenants, pets are more than companions—they’re family. Yet, renting with a pet in New Jersey often comes with extra costs and policies that tenants should be aware of before signing a lease. Whether you’re a first-time renter or looking to move with your furry friend, understanding pet fees, deposits, and related rules in New Jersey is essential for a smooth rental experience.
In this post, we’ll break down everything you need to know about pet fees in New Jersey, including the laws surrounding them, common practices by landlords, and tips to protect your rights as a tenant. If you have questions or concerns about your lease agreement, the skilled attorneys at Sammarro & Zalarick PA are here to help.
What Are Pet Fees, and Are They Legal in New Jersey?
Pet fees are additional charges imposed by landlords to cover potential damage caused by pets or the increased wear and tear that pets may bring to a rental unit. These fees can take several forms:
- Pet Deposits: A refundable amount held to cover damages caused by the pet.
- Pet Rent: A recurring monthly fee for allowing the pet to live in the rental unit.
- Non-Refundable Pet Fees: A one-time charge for the privilege of having a pet in the unit.
Are Pet Fees Allowed Under New Jersey Law?
In New Jersey, landlords can charge pet fees, but they must adhere to certain rules and limits:
Security Deposit Limits:
Under the New Jersey Security Deposit Law (N.J.S.A. 46:8-19), a landlord cannot require a security deposit that exceeds one and a half times the monthly rent. This cap includes any pet deposit. For instance, if your monthly rent is $1,500, the maximum security deposit (including a pet deposit) cannot exceed $2,250.
Pet Rent and Non-Refundable Fees
Unlike security deposits, New Jersey law does not explicitly limit monthly pet rent or non-refundable pet fees. However, these charges must be clearly outlined in the lease agreement.
Fair Housing Laws
Landlords must comply with federal and state fair housing laws. For tenants with disabilities who require service animals or emotional support animals (ESAs), landlords cannot charge pet fees, deposits, or rent for these animals. These are not considered “pets” under the law. (For more details on ESA protections, see our guide on Your Rights on Pet Policies and Emotional Support Animals.
What Are The Typical Pet Fees in New Jersey?
Pet fees vary widely depending on the landlord, property, and type of pet. Here’s a breakdown of typical charges:
- Pet Deposits: $200–$500 (refundable)
- Pet Rent: $25–$75 per month
- Non-Refundable Fees: $100–$300 (one-time)
Luxury apartments or properties in highly competitive markets may charge higher fees. Additionally, landlords may have restrictions on certain breeds, sizes, or types of pets, so always confirm the pet policy before committing to a rental.
Tips for Tenants: How to Navigate Pet Fees and Protect Your Rights
When renting with a pet in New Jersey, it’s important to know your rights and responsibilities. Follow these tips to ensure a hassle-free renting experience:
Review the Lease Carefully
Ensure all pet-related fees, deposits, and rules are clearly outlined in your lease. If a pet fee isn’t mentioned, the landlord cannot impose one later.
Understand the Refund Policy
If you’re paying a pet deposit, ask whether it is refundable and under what conditions. Document the condition of the rental unit before moving in to avoid disputes later.
Ask About Breed and Size Restrictions
Some landlords may prohibit certain breeds or impose size limits. Get this information in writing before applying for a rental.
Negotiate When Possible
If the pet fees seem excessive, don’t hesitate to negotiate. Highlight your pet’s good behavior or provide references from previous landlords.
Document Your Pet’s Behavior
Keep records of your pet’s vaccination history, obedience training, and other certifications that demonstrate responsible pet ownership. These can help reassure landlords.
Understand ESA Protections
Tenants with emotional support animals (ESAs) are exempt from paying pet fees, deposits, or rent. ESAs are protected under federal and state fair housing laws, and landlords must make reasonable accommodations for tenants with ESAs. For a more detailed discussion of ESA rights, check out our dedicated ESA guide.
What to Do If a Landlord Violates Your Rights
Pet fees can become a contentious issue, especially if a landlord imposes excessive charges or violates New Jersey’s security deposit laws. Common violations include:
- Charging a security deposit exceeding the legal limit
- Imposing additional fees not mentioned in the lease
- Refusing to refund a pet deposit without justification
- Discriminating against service or emotional support animals
If you believe your landlord has violated your rights, you have options:
Communicate: Start by discussing the issue with your landlord. Sometimes, misunderstandings can be resolved informally.
Document Everything: Keep records of all communications, agreements, and receipts related to pet fees.
Seek Legal Assistance: If the issue remains unresolved, consult a landlord-tenant attorney to protect your rights and potentially recover any unlawful fees.
How Sammarro &Zalarick PA Can Help
At S&Z PA, we specialize in Landlord and Tenant Law, offering tenants in New Jersey the expert legal representation they need to navigate rental disputes, lease negotiations, and more. Here’s how we can assist you:
Pet Fee Disputes: If your landlord is charging excessive or illegal pet fees, we’ll help you challenge these charges and recover your money.
Lease Reviews: Before signing a lease, we can review it to ensure your rights are protected and that all fees comply with New Jersey law.
Security Deposit Recovery: If your landlord wrongfully withholds your security deposit, we’ll work to recover it on your behalf.
Fair Housing Issues: We provide strong advocacy for tenants facing discrimination, including violations involving emotional support animals or service animals.
Beyond Pet Fees: Other Areas of Expertise
At Sammarro & Zalarick PA, our services extend beyond pet fees. We offer comprehensive legal support for a wide range of Landlord and Tenant Law issues in New Jersey, including:
Evictions: Whether you’re facing eviction or need assistance challenging an unlawful eviction, we’re here to help.
Lease Terminations: We can advise you on breaking a lease legally or negotiating with your landlord to avoid penalties.
Repairs and Habitability Issues: If your rental unit is unsafe or uninhabitable, we’ll help you enforce your rights.
Security Deposits: From disputes to recoveries, we ensure your landlord complies with New Jersey’s security deposit laws.
Why Choose Sammarro & Zalarick PA?
With years of experience serving tenants in New Jersey, Sammarro &Zalarick PA is a trusted partner for renters seeking fair treatment and legal protection. Our team is dedicated to ensuring that your rental experience is as stress-free as possible. When it comes to pet fees—or any other landlord-tenant issues—we bring the expertise and dedication needed to resolve your case effectively.
Contact Us Today
If you’re dealing with unfair pet fees or other rental issues, don’t wait to get the legal help you need. S&Z PA is here to guide you every step of the way. Contact us today for a consultation and take the first step toward protecting your rights as a tenant.