# Are fishtanks considered "pets"? (apartment lease)



## motifone

I've been in my apartment for five years. When I moved in, I was allowed a 30 gallon fishtank and it was written onto my lease. I've since have had a new landlord for the property and I upgraded to a new 50 gallon with no repercussions. I didn't ask the new landlord if I could up-size, I just did it -- and there haven't been any problems.

I'm going to be looking for a new apartment in a few months (getting married). I see a lot of apartment ads with "no pets allowed". Are fish considered pets? I know, I can just ask -- but when you say to a new landlord, "hey, can I move in with my 50 gallon fishtank" I think the gut reaction is to say "no". Some apartments have size limits (say 20-30 gallons). You can probably lie about 10 gallons -- you know, say it is 40 gallons when it is 50, hell 39 gallons -- like the way people lie about weight 

Or, maybe a letter of recommendation from my current landlord saying the tank was never a problem and I'm the responsible type. I never flooded the place. Well, maybe once 

Not telling them flat out that you have a tank seems like asking for trouble. Some day they are going to have to repair the sink or fix the heater.... they'll see it.

Thoughts?


----------



## sarahbobarah

You can preface the request by asking if you can pay an additional deposit fee for your fish tank. 

Water damage is a very serious topic to most building owners, as it can eventually involve opening up and replacing entire walls or floors. 

The referral from your current landlord couldn't hurt.


----------



## spdskr

Make sure you have renter's insurance. I always disclosed my tanks and their sizes when I rented. Ask for a ground or garden level unit if available. My last apartment complex didn't charge me a pet deposit because I was on the ground floor.


----------



## krazykidd86

It's usually stated in the lease that Pets including fish tanks are not allowed, but alot of managements don't care as long as the tank is reasonably sized. But it depends on the management. 

But the management should know if you have a tank that's 35 gallons or larger since there is a major weight factor. But I think if you have anything less than 35, you probably don't need to disclose that information. Usually fish tanks aren't an issue when you're on the ground level. 

Best of Luck! roud:

the KK


----------



## Vafik

And I wouldn't consider fish as a pet. It's an invesment and a hobby.


----------



## lumpyfunk

I would disclose it, if there is ever a problem and you disclose it they cant come after you for having it. And trust me water damage is serious, I am in the middle of a claim in my basement, not fish tank related and the bill is over $13k

Get the renters insurance, it usually ends up costing only a couple of bucks after the multi policy discount is factored in, sometimes it costs you less with it than without.


----------



## DarkCobra

I am a landlord. Here's my take on it.

We generally worry about pets because they have a tendency to run around the apartment, destroy things, stain and "perfume" the carpet, or make enough noise to disturb other tenants.

But fish do none of these things. Therefore many landlords will turn a blind eye to fish and other caged, quiet animals. There are even exceptions to that exception - pet rattlesnakes would be unacceptable. (I'm not just making this up, my father used to have some.)

However, in this case, it's not the actual fish that's the issue, it's the unusually large tank. Even the "no pets" clause doesn't protect the landlord against that - what if you have nothing in it but plants? Some have a "no waterbeds" clause, but few think to put in a "no aquariums" or "no aquariums over X gallons" clause.

I agree that the gut reaction to "hey, can I move in with my 50 gallon fishtank" would be NO. So here's what I recommend that would be fair to both you and the landlord.

Make sure you have renter's insurance. Ask your insurance company what it will and will not cover if there is an aquarium failure. Have a wet/dry vac in case of disaster so you can quickly mitigate damage.

If the landlord has a "no pets" clause, always ask the landlord if a fishtank would be ok.

Try to get an apartment on the ground floor, preferably with the floor directly on a concrete slab. If you can get that, I see no reason to disclose the size of the tank unless you are asked. Otherwise, I would disclose the size of the aquarium to the landlord up front. They may have valid concerns about the ability of the floor to support the weight. They may also have concerns with water damage to their own property or downstairs tenants' property.

Be prepared to mention that acrylic tanks usually do not fail catastrophically, your insurance, and the tank weight.


----------



## motifone

These replies have been great, in particular the reply from the landlord.

The course of action seems to be:

1) Look into/get renter's insurance.
2) Ask landlord if it is okay to have a fishtank.
3) Disclose size of fishtank IF ASKED or if not on ground floor.

Accidents and failure do happen. I've experienced them, with no damage thankfully. Water damage and mold are valid concerns.


----------

