I have a one bedroom apartment, part of a quad plex, that has a month to month lease. When the lease was signed, it was 2 occupants. Within the last year, they’ve had 2 babies (one year old and newborn). In addition they’ve brought in 2 dogs without my approval (although they say they will be paying the deposit I require). Would it be as simple as to say I will not be extending their lease since they are month to month? I was going to give them 2 months to find something else if needed. This is in northern KY. Thanks!
2 VERY separate issues here. Immediately send notice of violation of their rental agreement, specifically NO PETS, if that is your policy per the rental agreement. You have put yourself in a bad position by apparently discussing a pet deposit with them. You cannot change rules on the fly. If you have already provided them a document to sign, or asked them to pay a deposit, you are implying acceptance. Pets, however are not a protected class, so worst case you will probably just look bad for changing your mind. IF, However, they now claim "Assistance Animal", you have a much bigger problem as you cannot refuse a legitimate request for accommodation for disability. You should have a thorough, but lawful, Assistance Animal Policy in place, and in writing, to provide prospective or current tenants when the issue arises or you are showing a vacant unit. Without a Policy, you will need to accept them at this point.
The one year old and new baby are an entirely different issue. "Familial Status" IS a protected class, you cannot use that as a reason to not renew, unless you have in place, and have communicated to them prior to move in, an "occupancy" standard, such as "2 people (not adults, not children, PEOPLE) plus 1 per bedroom" or your local building department restrictions if any.
Normally for a non-renewal, and depending on local law, you should provide NO reason. The tenant will typically try to negotiate or argue their way into staying if they have a reason to defend.
If they pay rent on time and your Water/Sewer and other LL utilities haven't gone up much; work with them. You may charge them a little more to cover the increase utilities costs. Also, additional kids means higher utilities cost but I don't see that as a violation of terms of the lease (unless specifically mentioned in your lease). 2 Dogs without approval is violation for sure and then your have to prove the violation. Don't forget the monthly pet rent. We charge a pet fee upfront, not a deposit. It is up to you to work with them or not. Be sure to check LL/Tenants laws of your municipality.
(My comments are for informational purposes only and not a legal advice)
2 VERY separate issues here. Immediately send notice of violation of their rental agreement, specifically NO PETS, if that is your policy per the rental agreement. You have put yourself in a bad position by apparently discussing a pet deposit with them. You cannot change rules on the fly. If you have already provided them a document to sign, or asked them to pay a deposit, you are implying acceptance. Pets, however are not a protected class, so worst case you will probably just look bad for changing your mind. IF, However, they now claim "Assistance Animal", you have a much bigger problem as you cannot refuse a legitimate request for accommodation for disability. You should have a thorough, but lawful, Assistance Animal Policy in place, and in writing, to provide prospective or current tenants when the issue arises or you are showing a vacant unit. Without a Policy, you will need to accept them at this point.
The one year old and new baby are an entirely different issue. "Familial Status" IS a protected class, you cannot use that as a reason to not renew, unless you have in place, and have communicated to them prior to move in, an "occupancy" standard, such as "2 people (not adults, not children, PEOPLE) plus 1 per bedroom" or your local building department restrictions if any.
Normally for a non-renewal, and depending on local law, you should provide NO reason. The tenant will typically try to negotiate or argue their way into staying if they have a reason to defend.
Yes, it would be sufficient to give them whatever notice is required in your lease or by law that you are not renewing their lease and provide no reason whatsoever unless required by law (or your lease, in which case you need changes to your lease). You cannot discriminate against them because they've had 2 kids - you're walking on thin ice even mentioning it in here if they start doing a search on you - but the dogs are another matter altogether.
You can't remove someone because they have children. That's a Fair Housing violation.
You can terminate their lease because of the unauthorized animals. When someone is on a month-to-month lease, you can terminate it by giving them a 30-day notice in writing. You do not have to tell them a reason, but you could mention the dogs if they ask.
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