Yet another "Tennant got a dog" post. Concern about retaliation

[Cali Skier]

First off, great forum, I really appreciate all the help we have received here.

Second, I am not emotional about this, its a business decision for me, I am in this to make money.

We have tenants that are renting our property, they pay on time and actually early every month.  The grass is always cut, they seam to be taking care of the place.  They are a nice family that is not married but has 4 kids.  They paid first and last months rent. We have a very nice house that we updated, painted and put in new laminate flooring.  We have not done an inspection yet but should have.  We got a call 5 months ago because they wanted a dog.  We told them $300-$500 deposit on top of the existing $1500 deposit.   They said they would not get one, we trusted them on this.  Well, we believe they have a dog because I was over there last weekend to check on something outside.  Lots of feces in the backyard grass, paw prints all over the back patio and the back door is a little chewed on.  

Lease is up April 1st.  Here is what I plan to do about it.  First, I believe I know what kind of dog it is, and if its that dog we would have accepted it.  I plan to do an inspection for smoke detectors this Thursday or Friday giving 24 hour notice.  I want to know if the property inside is well maintained.  I will walk through it and I assume the dog will not be there.  After the inspection is over AND I am happy with the care of the house I plan to politely address the dog in this matter.  We know there is a dog living or visiting this house and while it would have been better if you would have just told us, you have otherwise been good tenants.  We need to see a picture of the dog and we need a deposit in the amount of XXXXX.  If you would like to continue living in this house, we need you sign this new 1 year lease agreement starting April first at $75 more per month (5% increase) to bring you closer to market. We would except a payment of $50 a month to pay down the deposit for the dog.  The $50 goes away once you have paid the deposit.  If this is not acceptable to you, you have violated the lease and we will give you until March 1st to get out of the house. 

What do you think of this, I do not want them to pour concrete down my toilet.  The other option is to just tell them we know they have a dog, and because of that we are not renewing the lease after April first they must be out, and let them come up with their own solution because we know they do not want to move, they asked to renew the lease about 6 weeks ago.

Thanks in advance.

[Nathan Gesner]

@Cali Skier you've received some pretty good advice here.

These are not good renters. They asked the rule, you told them, then they consciously violated it. If they can't afford a $300 pet fee, then they can't afford to replace the carpet, repair the scratched up doors, and repair the dug up lawn when they move out. This is headed the wrong direction and needs to be stopped.

You have enough evidence to stand up in court. Even if the feces didn't belong to their dog, it's at least a visiting dog and that should be a violation. Take pictures of the yard, take a screenshot of the dog on their bed, and whatever else you find during your inspection. Then I would sit on it. When it comes time for renewal, let them know you are not renewing their lease and expect them out. Use the deposit to cover cleaning and repairs, then deduct the $300 - $500 pet fee if there's any money left. When you send your final statement, let them know they were charged the animal fee as discussed and that you have photo evidence they had a dog. Then drop it. Don't get into a back-and-forth with them or negotiate something. They did wrong, you have proof, and they can fight it in court if they want (they won't).

This process also prevents them from skirting your policies by magically labeling the dog an emotional support animal.