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There Was Animal-Related Damage at the Property at the Time of Move-Out. Do I Use the Funds From the Pet Fee to Cover the Damages? What If the Animal Was an Assistance Animal?

Understanding how charges are handled is critical for compliance and for recovering the lawful portion of repair costs.

Audience: rental property owners seeking clarity on how pet damage is handled, when pet fees may be applied to repairs, and how rules differ for assistance animals under Fair Housing law.

Animal-related damage is one of the most common issues found during move-out inspections. Many owners assume that pet fees are meant to cover this damage but that’s not how the law works. Even more confusion arises when the animal is an assistance animal, which is not legally considered a pet.

FAQs ❓

Can I use the pet fee to cover pet damages?
No. Pet fees are not security deposits and are not applied toward damage.

Can I charge the tenant’s security deposit for pet damage?
Yes if the damage exceeds normal wear and tear and depreciation is applied.

What if the animal was an assistance animal?
Assistance animals are not pets, but tenants may still be charged for actual damage caused by them.

Do pet fees excuse a tenant from responsibility for pet damage?
No. Pet fees compensate the owner for allowing a pet — not for damage.

Pet Fee vs. Security Deposit: Key Differences ✔️

1. Pet Fee (One-Time, Non-Refundable) 🐾

A pet fee:

  • Is not legally considered a deposit

  • Does not have to be refunded

  • Is not applied to repair costs

  • Compensates the owner for increased risk and wear

  • Cannot be increased for assistance animals

The pet fee is owner income, not a repair fund.

2. Security Deposit (Refundable, Regulated by NC Law) 🔐

The security deposit:

  • Is legally restricted

  • Must be returned or accounted for within the 30/60-day rule

  • May be used for damage beyond ordinary wear and tear

  • Applies to pet damage and assistance animal damage alike

  • Must follow depreciation rules

Pet fees and deposits are completely separate.

How MoveZen Handles Pet-Related Damage ✔️

When pet damage is found, MoveZen:

  1. Documents the damage with photos

  2. Confirms it exceeds normal wear

  3. Applies depreciation to replacement or repair costs

  4. Includes the amount in the security deposit accounting

  5. Sends any remaining balance (if deposit is insufficient) to collections

Examples of chargeable pet damage:

  • Trim or door chewing

  • Carpet saturated with urine

  • Flea infestations requiring treatment

  • Torn screens

  • Scratches on floors

  • Excessive odors requiring ozone or sealing

  • Damaged blinds

What If the Animal Was an Assistance Animal? 🦮

Under the Fair Housing Act:

Assistance animals are NOT pets.

This includes:

  • Service animals

  • Emotional support animals (ESAs)

  • Psychiatric service animals

Therefore:

🚫 Landlords cannot charge:

  • Pet fees

  • Pet rent

  • Pet deposits

  • Extra upfront costs

BUT:

✔ Landlords can still charge for actual damage

Assistance animals do not exempt tenants from responsibility.

The same rules apply:

  • Damage must be beyond wear and tear

  • Charges must be documented

  • Depreciation must be applied

  • Charges must follow the 30/60-day timeline

Examples of Assistance Animal Damage That Can Be Charged ✔️

  • Scratched hardwood

  • Chewed trim

  • Carpet urine damage

  • Flea treatment

  • Odor remediation

  • Torn screens

  • Excessive mess requiring deep cleaning

You may not charge extra fees because the animal exists — only for actual damage caused.

Examples That Cannot Be Charged ❗

  • Normal wear from animal presence

  • Faded paint

  • Carpet wear consistent with age

  • Odor associated with normal tenancy

  • Minor scratches or marks

These items fall under wear and tear, regardless of whether an animal lived in the home.

Why Pet Fees Cannot Be Used for Pet Damage 🛑

Pet fees:

  • Are income and not regulated like deposits

  • Are not held in trust accounts

  • Do not require itemization or refund

  • Are unrelated to damage calculations

NC law requires that damage charges come from:

👉 Security deposits, not pet fees.

If Pet Damage Exceeds the Deposit 💼

If the depreciated damage amount is greater than the deposit:

  • The balance may be sent to collections

  • Assistance animal cases are handled the same way

  • Owners receive documentation and updates

Tips for Owners to Reduce Pet-Related Costs ✔️

✔ Approve durable flooring (LVP)

✔ Install metal or composite trim in problem areas

✔ Use washable paint in high-traffic rooms

✔ Require pets to be listed on the lease

✔ Approve assistance animals only after proper screening

MoveZen helps enforce pet rules and documentation.