Federal & Michigan Rules on Pets, Service Animals, and ESAs
Before a landlord can charge you for a cat or tell you your 60-pound labradoodle is “too big,” they must steer through a maze of federal accessibility laws and Michigan landlord-tenant statutes. Three legal pillars control the conversation:
- Americans with Disabilities Act (ADA) – Governs public accommodations, not most housing, but its definition of a task-trained service animal (dog or miniature horse) influences other laws.
- Fair Housing Act (FHA) – Requires landlords to make “reasonable accommodations” for both service animals and emotional support animals (ESAs). Under HUD guidelines, ESAs can be household animals beyond dogs and cats if the need is documented.
- Michigan Persons with Disabilities Civil Rights Act – Mirrors FHA protections statewide and prohibits extra “pet” fees for assistance animals.
Regular pets have no federal shield—landlords may impose breed or weight restrictions and add fees—but Michigan’s security-deposit cap still applies: all refundable money, including any “pet deposit,” must fit inside 1.5 months of rent (MCL 554.602(1)).
Typical Pet Deposits, Monthly Fees & “Pet Rent” in Michigan
The table below shows common 2025 charges from large property managers and private landlords around the state.
| Pet Type | One-Time Deposit (Refundable?) | Monthly Pet Rent | Non-Refundable Fee | Cap by Law? |
|---|---|---|---|---|
| Cat under 20 lbs | $200 deposit (refundable) | $20-$35 | $0 | Deposit counts toward 1.5× rent cap |
| Dog under 50 lbs | $300 deposit (refundable) | $35-$50 | $150 “setup” fee | Deposit within cap; fee uncapped |
| Large dog >50 lbs | $400-$500 deposit | $50-$75 | $200 fee common | Same rules apply |
| ESA (dog or cat) | $0 allowed* | $0 | $0 | *Landlord may seek actual damage later |
| Aquarium <25 gal | $0 | $0 | $0 | No explicit regulation |
Note: Any refundable amount—pet deposit included—must be held like the main security deposit and returned or itemized within 30 days of move-out.
Breed, Species & Weight Restrictions Explained
Insurance carriers often blacklist breeds such as pit bulls, rottweilers, and dobermans, nudging landlords to follow suit out of fear of higher premiums. Some Michigan municipalities still enforce local breed-specific bans, even though statewide bills to pre-empt them surface every few years.
If your dog is on the “naughty list,” consider these counter-moves:
- Obedience Certificates – Attach proof of Canine Good Citizen or therapy-dog training.
- Personal Pet Résumé – Include vet references, spay/neuter status, microchip number, and a cute photo.
- Liability Insurance – Offer a renter’s-policy rider naming the landlord as additional insured.
- Meet-and-Greet – Schedule a calm introduction so the landlord sees behavior first-hand.
How to Negotiate Fees or Restrictions with a Landlord
Michigan’s tight rental market does not mean every fee is non-negotiable. Use these scripts and strategies:
- Trade Monthly Rent for Deposit – “Would you accept a one-time $400 refundable increase to my deposit instead of $35 monthly pet rent?”
- Waiver Request in Writing – Email a concise written waiver request citing your clean rental history.
- Longer Lease Term – Offer a 20-month renewal in exchange for dropping the non-refundable fee.
- Professional Cleaning Vouch – Provide a receipt from your last residence for carpet cleaning and flea treatment.
Documentation Checklist for Pet-Owning Tenants
Save everything in one digital folder labelled “Rental + Pet Docs” so you can email at a moment’s notice:
- Vaccination certificates (rabies, distemper)
- Spay/neuter proof
- Recent vet wellness exam
- Current photo of pet & microchip ID
- Renter’s-insurance declarations page
- Training or behavior class certificates
- Service-animal task letter or ESA letter (if applicable)
- Previous landlord pet reference
Cleaning & Damage Expectations at Move-Out
Landlords can deduct for extraordinary pet damage—chewed trim, urine-soaked subfloor—but cannot bill you for routine vacuuming or “pet odor” if no odor exists. To bulletproof your security deposit:
- Steam-clean carpets within 24 hours of returning keys; keep the receipt.
- Use enzymatic cleaners on any accident spots immediately to prevent lingering odor.
- Snap time-stamped photos of every room (see move-out checklist).
- Request a joint inspection so you can address issues on the spot.
Common Conflict Scenarios & Resolution Steps
Even responsible pet owners hit bumps. Here’s how to de-escalate:
Noise Complaints
Apologize, document training efforts, and offer a written plan (day-care, citronella collar, white-noise machine) within 48 hours.
Unauthorized Pet Discovered
Disclose immediately, pay required deposit, and propose a PET ADDENDUM rather than risk eviction for lease breach.
Neighbor Allergies
Work out a floor or schedule arrangement; landlord may need to install door sweeps or upgrade filters under FHA “reasonable accommodation” rules.
“Dangerous Breed” Claim
Provide recent behavior assessment and liability coverage—many landlords back down with proof.
- Keep all communication in writing.
- Offer cure within lease timeline (often 7–10 days).
- If talks fail, try community mediation.
Taking Disputes to Michigan Small-Claims Court
When fees mount or a landlord wrongfully keeps your combined pet/security deposit, small claims is the fastest remedy:
- Limit: Up to $6 500 in 2025 (MCL 600.8401).
- Filing fee: $30–$75 depending on claim amount.
- Venue: District court where the rental is located.
- Evidence: Lease, pet addendum, photos, vet records, certified-mail receipts.
- Damages: Return of deposit, actual damages, court costs, plus interest.
File form DC-84, serve the landlord, and bring three copies of all documentation. Judgments can be collected via wage garnishment if unpaid.
Sample Pet Addendum
Copy, paste, and customize—then attach it to your primary lease. Landlord signatures lock the terms.
PET ADDENDUM – MICHIGAN (2025) 1. PARTIES Landlord: _________________________________ Tenant(s): ________________________________ Property Address: _________________________ 2. AUTHORIZED PET Species/Breed: ____________________________ Name: ___________________ Age: _______ Weight: _______ lbs Color: _____________ Microchip #: ______________________________ 3. FEES & DEPOSIT Additional Refundable Deposit: $___________ Monthly Pet Rent: $___________ (Deposit counts toward Michigan 1.5× rent cap.) 4. VACCINATIONS & HEALTH Tenant shall provide proof of current vaccinations and keep records updated annually. 5. LIABILITY & INSURANCE Tenant assumes all liability for pet damage or injury and shall maintain renter’s-insurance with min. $100,000 liability coverage. 6. CLEANING & ODOR Tenant agrees to professionally steam-clean carpets and deodorize upon move-out. 7. DISTURBANCE CLAUSE Noise or aggression resulting in two written notices within a 12-month period constitutes default. 8. ACCESS FOR INSPECTION Landlord may inspect the unit with 24-hour notice to verify compliance with this addendum. 9. TERMINATION Violation of any clause may result in revocation of pet privileges or lease termination. Signed this ____ day of __________, 2025. Tenant: __________________________ Landlord/Agent: __________________