No pet policy - finding several pets in violation of lease

[Marla B.]

New tenant in for three weeks already has 3 cats and cat damage.  I posted a lease violation, they say the cats are gone.  Don't know what should be done about the damage/horrible odor.

2nd tenant with no pet policy has recently acquired 2 guinea pigs, otherwise they are good tenants.  What should I do?

[Marcia Maynard]

@Marla B. How strong is your rental agreement? Did you discuss your rental agreement with the tenants when they moved in? Have you established an "unauthorized pet" fee? Ours is $50 per unauthorized pet; a real deterrent and also a real benefit to us to cover the extra time and cost involved when we have to deal with an unauthorized pet situation.

You are now aware both tenants have broken one of your property rules and are in violation of the lease agreement terms. If they are breaking the "no pets" rule, they are likely to break other rules as well. Be firm, fair and swift in your response.

This is what I would do:

1. Schedule a unit inspection and serve a "notice to enter" as soon as possible.

2. Inspect both units. Bring with you a notepad & pen, camera, 12 inch ruler, and flashlight. Tenants who want to hide something will often dim the lighting. Use sufficient light to really see what is going on. Look for lease violations of all kinds. 

Evidence of cats: smell, urine damage, scratching damage on your woodwork and on their furniture, pet hair (look under refrigerator and range and in hvac ducts and filters), broken window blinds, kitty litter box, cat food.... the cat itself! 

Evidence of guinea pigs: smell, droppings along base boards (rodents love to run next to baseboards), chew marks on woodwork, cages, guinea pig food... the guinea pig itself!

3. Require the tenants to get rid of the pets and to pay unauthorized pet fees, if you have such. If a tenant denies they have had a pet and I have seen or heard compelling evidence to the contrary, I straight away tell them... "You know and I know there has been a __________ here. This is what you need to do...... and this is what we are going to do......"

4. Assess all damages. Charge tenants immediately for damages as soon as you discover them. Don't wait for move-out and hope the security deposit will be enough; it rarely is. Require the tenants to pay now for what it will take to bring the unit back to it's original condition, less normal wear and tear.

5. Review the rental agreement terms with the tenants. Note all violations.

6. Serve a "notice to comply" (or whatever the equivalent is in your state) for each violation.

7. Determine if the tenant is cooperative and will comply, or not. Try to save the tenancy if you can do so on your terms. If the tenant seems cooperative and is open to talking with you about the situation, that is a good sign. If the tenant tries to avoid you and continues to break the rules, that is a bad sign. Talk with the tenants about their options.... they can choose to follow the terms of the rental agreement or they can move to a more suitable place that will meet their needs and desire to have a pet. If they do neither, the third option is yours... you can start the eviction process.