Pet Screening for Landlords in Virginia: A Practical Guide

What to Include in Your Pet Screening Process

Treat pet screening much like tenant screening. Key steps often include:

• Pet application — require prospective tenants to submit information about the pet: type, breed, age, size/weight, spay/neuter status, vaccination history, and how long they’ve owned the pet.

• Veterinary records — ask for proof of vaccinations, proof the pet is healthy, and any relevant vet history, to help evaluate the pet’s care and overall risk.

• Behavior assessment — ask tenants to describe their pet’s temperament and prior behavior (trained vs. untrained, obedience history, prior issues). If possible, consider a short interview or request references (prior landlords or vets).

• Clear pet policy addendum — attach a pet addendum to the lease (or incorporate a pet policy) that spells out: allowed animals (species, size/weight limits if any), documentation required, waste cleanup rules, leash or containment rules, noise expectations, and consequences for violations.

• Pet-related fees or deposits — when allowing pets, many landlords charge a one-time pet fee or a refundable pet deposit; some also use monthly pet rent. Under Virginia law, total security deposit (including pet deposit) generally cannot exceed two months’ rent.

Rethinking Breed or Size Restrictions — Focus on Behavior Instead

Traditional breed or size restrictions may be less effective than behavior-based screening. By evaluating a pet’s history, training, and owner’s responsibility, you can expand your pool of qualified pet‑owning tenants while maintaining safety and minimize risk. This approach avoids unfairly excluding well-behaved animals based solely on appearance. 

Understanding Legal Requirements: Service Animals & Emotional Support Animals (ESAs)

When tenants request accommodation for service or emotional support animals, standard pet rules — including breed or size restrictions, pet fees or deposits — generally do not apply. Federal law (as implemented in Virginia) requires landlords to make “reasonable accommodations” for qualified assistance animals, even if the property has a no‑pet or strict‑pet policy.

Here are the key legal points landlords must observe:

• Service animals and ESAs are not considered pets under fair housing law.

• Landlords may not charge extra pet fees, deposits, or monthly pet rent solely because the tenant has a service animal or ESA.

• You may request documentation to verify the need for an assistance animal (for example, a letter from a licensed mental health professional for an ESA).

• You may enforce general lease rules (e.g., regarding property damage or nuisance behavior), but cannot impose breed, size, or pet deposits/fees just because of the assistance animal.

Because of these rules, it’s often best practice to maintain two parallel policies: one for standard pets, and one for assistance animals — and treat each appropriately under law.

How to Deal with Unauthorized Pets

If a tenant moves in a pet without permission, consider these steps:

1. Immediately document the unauthorized pet (photos, note the pet’s type, breed, size, date of discovery).

2. Issue a written notice referencing the lease clause or pet policy violated.

3. If the lease allows, require removal of the pet or negotiate a pet-addendum and any relevant fees or deposits.

4. If the tenant refuses or cannot comply — and lease terms permit — enforce lease remedies: fines, lease termination, or eviction (per your state’s eviction laws).

A well-drafted lease with a clear pet addendum helps prevent surprise violations and provides better legal and practical protection for the landlord.