Non Renewal of Lease Due to Increased Tenants

[Natalie Sologic]

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!

[Richard F.]

Aloha,

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.