A thread from August brought up chickens. I am about done with my addendum.
In North Carolina there is a defined by statute classification of "Domestic Poultry" as opposed to Commercial poultry, so that helps.
I have been doing some reading on Backyard Chicken Forums as well, I think I have covered most of the places where Chicken people have had friction with Landlords. Mostly due to Landlords that had no clue to what they were agreeing to when the Tenant asked "Can I have some Chickens?"
Here is what I have so far, I am sending this and my new lease to the lawyer on monday for review, can you think of anything I forgot to add?
-----------------------------------------
Domestic Poultry Addendum
THIS AGREEMENT is attached to and made a part of the Residential Lease Agreement dated _______________,by and between _____________________________[name of tenant] ("Tenant") and ______________________________ [name of landlord] ("Landlord")., for the Property located at ________________________________________________________________________________.
Tenant desires to keep Domestic Poultry limited to __________________ (breed) chicken hens on the Property. The Residential Lease Agreement is hereby amended by this Addendum to grant such permission to the Tenant.
In exchange for this permission, the Tenant agrees as follows:
FEES AND DEPOSITS:
The monthly rent in the lease is increased to $_______ for the remainder of the lease term regardless of whether the animals remain on the premises. If the pet is no longer on the premises, Tenant may request that rent be adjusted back to the base rent stated in the rental agreement, however Landlord first has the right to inspect the premises. Any rental adjustment must be made in writing.
On or before the date the animals are allowed onto the property, Tenant will pay the Landlord an additional deposit of $__________. The deposit is an increase in the security deposit in the lease and is made part of the security deposit for all purpose. This increase in the security deposit is not refundable before the lease ends, even if the animals are removed. Any refund of the security deposit, including this increase, is governed by the lease terms.
Tenant, upon execution of this addendum, will pay Landlord $______ as a one-time non-refundable payment.
DOMESTIC POULTRY RULES:
Tenant agrees as follows:
To keep the animals from causing any annoyance or discomfort to others and to immediately remedy any complaints concerning the animals;
To comply with all applicable statutes, ordinances, restrictions, and other enforceable regulations regarding Domestic Poultry;
To ensure animals shall not create any conflict or disturbance with others and will not threaten any physical harm to anyone;
To hold the Landlord harmless from all liability arising from the Tenant's ownership or keeping of the animals;
That no Domestic Poultry will be allowed inside the house at any time;
To provide and maintain a Coop or sheltered nesting box at the Tenants expense;
To provide and maintain a fenced area for the purposes of keeping Domestic Poultry;
Page 1 of 3 Tenant Initials ___________ Landlord Agent Initials ___________
RULES (Continued)
To comply with XXXXXX County setback requirements in the placement of all structures and fences;
To comply with XXXXXX County regulations regarding all structures and fences;
That location and size of all Coops, nesting boxes, fences and equipment need the prior written consent of the landlord.
To remove all Coops, nesting boxes, fences, and equipment at the end of the lease period.
To restore the area used for Domestic Poultry by restoring topsoil and reseeding at the end of the lease period;
To limit the number of animals over the age of 6 months to 4 animals;
To limit the maximum number of animals on the property to 10 animals;
That no male Fowl or Poultry are allowed to be maintained on the property;
That all Poultry are maintained for non-commercial purposes;
ACCESS:
Tenant must remove or confine any animals at any time that the animals are likely to limit or prohibit Landlord or other persons access to Premises as permitted by the lease.
Should the Tenant fail to comply with any part of this Agreement, the Landlord reserves the right to revoke permission to keep the animal- In such event, the Tenant agrees to permanently remove the animal from the Property within 72 hours of receiving written notice thereof from the Landlord; failure to comply with same shall be grounds for immediate termination of the Residential Lease Agreement.
Tenant agrees that Landlord will not be responsible for the injury, harm, or death of the animals, and agrees to hold Landlord harmless for any damages suffered as a result of any harm caused on the animal or by the animal upon another person, guest or employee. Tenant shall be responsible for the entire amount of all damages caused by the animals as well as the entire amount of any injury to individuals or property. Tenant is encouraged to obtain a Liability Policy that can be added as a rider to most renter insurance policies.
Page 2 of 3 Tenant Initials ___________ Landlord Initials ___________
I ACCEPT FINANCIAL RESPONSIBILITY FOR THE ENTIRE AMOUNT OF ANY DAMAGES OR INJURY TO PERSONS OR PROPERTY THAT MAY OCCUR BECAUSE OF MY ANIMALS. I UNDERSTAND THAT VIOLATIONS OF ANY OF THESE RULES MAY BE GROUNDS FOR REMOVAL OF MY ANIMALS AND/OR TERMINATION OF MY TENANCY;
THIS AGREEMENT is made on this ____day of, ____________ 20____
Landlord
___________________________
Tenant
___________________________
Page 3 of 3 Tenant Initials ___________ Landlord Initials ___________
--98.26.xxx.xxx