Investor · Houston, TX · Member since 2015 · 9 posts · 0 votes
Hi BP people,
The lease says no pets and tenants agreed to no pets. Thing is, it's a duplex and I live upstairs, so I can hear what's going on below. I've heard a puppy barking for a few days now and yes it's possible they are dog-sitting and it's temporary (but they STILL should have gotten my permission first), or they simply have a pet now and are trying to hide it.
If I allowed them to keep the dog, what is standard? Just have them pay a pet deposit? Or add something to the monthly rent?
Ideally I wouldn't want any dogs/cats in the place because of the hardwood floors (urine) and whatever else such as chewing on corners of doors, etc. But it sounds like a very small dog so might not be a huge deal.
How would you approach this situation? Anyone with some experience in this area, I'd really appreciate any tips.
You need to do a site inspection immediately. Damage from pets can occur instantaneously! Even if they are only "pet sitting", it is in violation of your lease. Your tenants are rule breakers. If they are breaking one rule, they are more likely to break more rules. Address this at once and, if necessary, serve them with a lease violation notice to conform.
Puppies are often more destructive than mature dogs. If you decide to change the terms of your agreement to allow pets, then make sure the tenants are responsible pet owners and abide by the recommendations of the ASPCA and the Humane Society. You can find good information about this on their websites. By allowing pets, you can often command more rent, fees and/or deposits. Be sure you aware of the potential downsides as well.
AJ, I would try and verify what is going on. It sounds like you may have a breach of trust, and your lease, and you may need to think about if you want to keep the tenant. If it is month to month, you could give them a notice, or use your state's version for violating the lease if you verify the pet. Or if you think they are good tenants that you want to keep, you probably need a meeting about salvaging the tenancy and getting some clear pet rules and guidance soon. I find the secret pet is the worst, because they will not let it to go outside to, well, you get the picture. So work on some transparency and a resolution as soon as possible.....others may have ideas too...
Anthony Varner this is the moment of truth for you. Do you cower down and become a pushover, or do you man up and confront them? Tenants will push you as fat as you let them and when you make a stand they will take note. How you handle broken lease agreement will define your business and longevity. What's next two puppies that quickly become grown dogs. A dog can destroy thousands of dollars worth of property in a short time. If you net $200 per month and the damages are $3000, how many months will it take to recoup? Look at it this way, the average turnover is 1-2 years. Say you get two years out of this tenant and your net is $2200 per year, that is $4400 for the two years. Damages $3000, profit $1400 equals $58 a month. That's a lot of hassle for $58. Those who succeed treat real estate like a business and those that fail treat it like a hobby, or charity work. Good luck
Wait 2 weeks and see if the puppy noise still continue to occur. If it does
Approach them casually and say that you've been hearing a barking sound coming from their apartment. But make sure you do this the same hour the sounds are occurring (preferably the day time) then ask if they got a new furry friend.
If yes. Mention to them that according to the lease a there are no pets and or a pet fee is required. If there is no pet fee amount specified in the lease then a amount must be negotiated. Either upfront or added to the rent.
But if they refuse you are legally obligated to evict based on a breach of contract.
Next time instead of saying no pets in your lease simply add a fee and state a timeframe it must be paid by after the pet is purchased
If they are good tenants it will be harder to justify evicting them over a dog..
If
You need to do a site inspection immediately. Damage from pets can occur instantaneously! Even if they are only "pet sitting", it is in violation of your lease. Your tenants are rule breakers. If they are breaking one rule, they are more likely to break more rules. Address this at once and, if necessary, serve them with a lease violation notice to conform.
Puppies are often more destructive than mature dogs. If you decide to change the terms of your agreement to allow pets, then make sure the tenants are responsible pet owners and abide by the recommendations of the ASPCA and the Humane Society. You can find good information about this on their websites. By allowing pets, you can often command more rent, fees and/or deposits. Be sure you aware of the potential downsides as well.
I would never allow a puppy in one of my units, and I target renting to people with dogs. I require vet records showing current shots and breed not in restricted list, AKC canine good citizen certificate, dog license, liability insurance of at least $100K with me listed as additional insured, and 1.5 months' rent security deposit instead of just one -- no outside dogs, and no puppies. Puppies can destroy a house if the owners are not responsible. Responsible pet owners usually don't mind providing my list of requirements as they have most of it, anyway. And if they do mind, then I can't take the risk that they'll ruin the place. I'd have them remedy the situation asap, and if they say they are dog-sitting, then tell them they better get the dog to a kennel until the owner returns because they are in violation of their lease.
Decide if you want to allow pets or not and stick by your decision. Perry Ivy is absolutely correct. I would offer to let them out of their lease without actually threatening to evict them and if they don't then start trying to figure out how you can prove they violated the lease in case they try to fight it when you evict them. I can't stress enough that you shouldn't threaten to evict them though. If and when you are ready and able to do it just do it.
Personally I allow dogs but my lease says no pets without my written permission and I judge each one on a case by case basis after meeting the dogs. I can't think of a single tenant I have had that didn't have at least one dog. But if you have decided no pet's you should stick by it.
If you decide to evict them than just know that the odds are they will move out without fighting it but if they do fight it you better be able to prove the lease violation. I can only speak for Texas but here the only eviction you can count on winning is one where you can prove non-payment of rent. Anything else COULD go either way in court especially if there is a jury. My lease says no jury trials but I don't know for sure how enforceable that is because nobody has tried to use a jury with me.
Loosing an eviction case in court is not a pleasant thing. I did it once and don't plan on doing it again.
I had this happen to me - - easy to tell with all the yipping. Lease says no pets w/o written permission. I called and stated my intent to enforce and I would inspect in 30 days.
Good area and good rents so the tenant didn't want to push the issue - - doggie is now gone.
This must not be a bluff - - you have to be prepared to evict.
Making this easier for me, my lease is not a full year, but a 3-month defaulting to m-m on expiration. This gives me the right to send a Non-Renewal Notice enforced by the standard Unlawful Detainer. This has been an effective strategy for me and I have long term tenants anyway :)
I would not wait. The puppy will have destroyed your carpet by then through lack of house training at that age. Also, they will have bonded much more and it will be harder to get them to give it up.
And once the puppy starts teething, it will start chewing on things to stop the pain/itching, which can very likely be doors and trim
@Anthony Varner Do not wait. You live there, so talk to them. If you don't want pets, that the policy and stick to it. Pets can cause a ton of damage, beware. And this is coming from a pet owner myself (two dogs). If you are going to allow pets, I would suggest a non-refundable pet fee (sometime sizable like $500) and/or additional pet rent. Also, consider that you share this yard with them, do you want to step in dog waste in your yard?
I used to be pet friendly, but that ended when I had a tenant who had a dog and caused thousands of dollars of damages. Apparently, the tenant use to lock the dog in one of the bedrooms all day long. The hardwood floors were stained from dog urine and the whole house smelled like dog piss. I had to refinish the floors, paint all the walls and ceiling (due mask the smell), replace doors that have been scratched/clawed at, and more. Never again for me.
Also, make sure if you let them have a dog, you layout if that means one or more. Tenant pet owners seem to like to add pets over time.
Your biggest problem is they never said anything to you. That's a telling sign of their character.
I've had a tenant get a dog and month later tell me. I don't have a no pet policy, so I gladly charged them a non refundable pet fee and a monthly pet rent. But, they told me... Unlike your tenant.
If they are good long term paying tenants and want to settle in with a dog... Charge them for it. Yes they violated the lease. But, we aren't all angels. If they are a problem serve them notice of violation and move on.
I always get the story that the dog is "just visiting" and I tell them that dogs cannot even step foot on the parking lot. As others said, don't wait to act.
@Anthony Varner Definitely do not wait. Knock on their door, take a deep breath, and ask them straight up what is going on with the dog. Ask to go inside the unit.
On the contrary to what @Perry Ivy described in his post about $3000 worth of damage, I encourage dogs in my units that are located in B+ class areas. I can't imagine a dog causing $3000 worth of damage without you knowing about it... People who claim this most likely have never had a dog or have rented to the wrong person and do not have clauses in their lease to handle allowing residents to have dogs.
Allowing dogs will give you a competitive advantage over your neighboring landlords. I rent to someone who owns a German Shepherd and could not ask for a better tenant and dog. Never barks, never makes a mess, and honestly, the dog protects intruders. What more could you ask for? I also charge a premium for that unit and significantly increases my cash flow.
However a puppy is another bag of worms. These are loud, will inevitably poop and pee in the house for at least a year, and tear into things (depending on the size). There's a bit of risk involved with allowing puppies. I would consider playing hard ball and asking them to get rid of the puppy or pay a premium to have it, say another $150-$200/month. It might work out, especially since you live in the building too.
I generally agree @Max James with regards to dogs, as its not the dog that is a problem, but the owners. But since I dont have a crystal ball, I dont have a good way to make sure the tenant is a good pet owner, or a dirt bag. I would love to hear suggestions on how to verify the pets and tenant would be great.
@Anthony Varner One thing to consider is your insurance. My rentals have insurance that specifically does not cover certain breeds of dogs, and it seems like that list is ever increasing every time I look at new policies. Obviously some breeds like pitbulls are on every list, but I have one property that bans german shepherds and husky's (I noticed them because I have one of each).
Max James yes Perry ivy does know what he's talking about. I had a tenant that moved two dogs in(pits). When I evicted them they had ruined the new carpet in the house, chewed off the corners and a few doors, urine and feces were smeared on the walls, plus they chewed the drain plug off of the hot water heater which caused water problems. They were there less than two months. I hope that that justifies my $3000 example, if it doesn't I have more.
I'm not quite as strict as some of the people replying but here is what I would do (and have done in the past):
Ask if they are puppy sitting or if they got a dog. If they are puppy sitting, just say ok and come back 30 days later for an inspection. If you see evidence of an issue that looks like it came from the dog, ask them to repair it at their own cost (or do it and bill them) and inspect again when done.
If they got a dog, ask for a non refundable pet deposit of $250 (per pet) or higher depending on the home and raise rent 10% or $50/month whichever is higher.
With that said, I would say, there are certain classes of dogs you don't want to ever rent to (bulldogs for one). I also wouldn't rent to someone with more than 2 dogs. 3+ is just too many. I wont elaborate on why in this post. There are plenty of posts about it and googling will get you answers too. If they have a situation you won't accept, give them 30 days to get rid of and then evict if they don't.
I make all my money from renting my vacation property to people with dogs. I freely allow it and I think everyone should. We have a huge dog overpoulation problem in this world-sometimes we can't just think about money but we should consider how we can make the world a better place. A family that is allowed to be a whole family and not made to leave because of a family member, I feel will take care of a place much better as they will be much happier. You can set down some rules, maybe be sure the dog has been house broken or thru training and even check in the first few months. A bigger deposit could also be required. But I can't imagine kicking someone out or forcing them to get rid of a loved one ever.
If I was managing for a client, the dog would go along with the tenant. A lease is a contract. Nuff said. Tenants can be like children. Saying nothing means YES to a lot of people.
A good way to think about it is to think about what you would want your property manager to do if someone was managing the property for you. If you knew there was a dog in one of your units, you'd be mad if your property manager didn't do anything about it. So definitely follow some of the advice on this thread. Good Luck!
I spoke to the head tenant (I'll give her that title since she moved in before the boyfriend) and she told me her friend gave her a puppy her for recent birthday. She said she will be giving the pup up though. I told her this is in violation of the lease and she said the dog will be gone within 24hrs. Of course at that time I'll go and inspect the place to be sure. I trust she'll remove the dog and just accepted it temporarily because it was a gift. They always pay on time and keep the place clean. Not a problem tenant fortunately.
Thanks again for your ideas and sharing your personal experiences.
You made someone get rid of a birthday present dog? Wow. I only hope and pray she didn't bring it to a kill shelter. I'm sorry, but sometimes life and hapiness is more important than money. I strongly disagree with making someone get rid of a loved one.