tenant lying about pet

[Mike R.]

hi,

we have a tenant that is lying about having a pet(s) and not sure how to proceed given we haven't actually seen the animal(s).  We know there is at least a dog and possibly a cat because a few months after she moved in, we were in the place and smelled a dog.  she claimed it wasn't hers but her boyfriend's (who is not on the lease and "doesn't" live there) and it is a service dog (yeah, right).  yesterday, the carpet person was there and essentially told us not to bother reparing a portion of the carpet because the overwhelming small of cat marking.  BTW, we inherited this tenant and she is still covered by the previous owners lease.   can we give a 3-day even though we havent seen the animal?  can we keep her deposite (to replace carpet and pad)?  thank you for your insight.

[Michael Boyer]

Sorry to hear it Mike. My worst tenants ever were inherited (good news, you can pick new ones).

One caution: was the pet allowed under the previous lease or was that allowed or restriction waived? You are in the shoes of the other landlord, here, so a bit of caution. And also follow up on service dog and unauthorized occupant.

If she is violating the lease (sounds like it)--I think on the damage, unauthorized occupant, and pet (if an express lease violation), you have the multiple grounds to go with your state's notice for this purpose. And even if it turned out she had a defense on one angle (previous landlord allowed pet) , you have multiple reasons  here, any one of which could work.

But my larger question: how much longer on the lease? If it is a couple of months, it may be worth it to clarify non-renewal and get her the move out packet and schedule for a walk through. Yes, it is looking like new flooring and you can assess the deposit offset and  weigh that once you actually get inside the unit and inspect (and also look at risks and rewards). Best of luck...

[Jeff B.]

If the lease prohibits pet, issue an Estoppel noting the violation and her intent to resolve the issue.

AFTER her reply arrives, serve notice of non-renewal.

[Mindy Jensen]

@Mike R., not all is lost regarding the service animal. You are entitled to ask for documentation regarding the service animal if the disability is not obvious. You can't ask about a seeing-eye dog for someone who is blind. You CAN request documentation for "emotional support animals", which DO have to be prescribed by a physician to be covered by the laws, but do NOT have to be trained in any special way. You cannot ask about the nature of the illness, only the documentation for the prescription of the animal.

Like @Michael Boyer said, how much time is left on the lease? Give them plenty of notice that you will not be renewing their lease. Do you think they will just leave, or do you think they will put up a fight? If they seem the type to put up a fight, start thinking about a cash for keys offer, to keep the property from being destroyed and get them out on time. Evictions take a really long time, and will still cost you money. $500 cash for keys if they leave the property in broom clean condition may be your your most affordable option.

[Mike R.]

there is about 6 months left on the lease.  

[Damon Duperre]

They can't put up a fight if you don't renew their lease.

[Doug N.]

One word: Pet Detective... 

[Mil Sanghvi]

@Mike R. Follow the steps below for peace of mind.

1. Install security cameras! Now you have proof.

2. Issue a lease violation for pets. If the problem is solved, then keep the tenant otherwise evict them and keep the deposit. Based on the current lease you can send the remaining balance, court costs etc to collections. Better way would be to pay a $200 and ask her to leave.

Anytime you take over a property the two things you have to do is install security cameras and get the inherited tenants to sign your lease. Cameras have nothing to do with the class of tenants or property and everything to do with evidence and collecting proof just in case.

Obviously you tell them it's for their security and safety. lol

It seems like you're being soft on them. I look for 4 qualities in a tenant. All 4 have to be present for them to stay.

1. Pay me on time no matter what

2. Take care of the property

3. Be a good neighbor 

4. Be easy to work with.