sketchy not sketchy?

Question

I rented to a guy in Feb.  All of his references checked, had a good local job, was divorced but getting remarried, plus he was a nice guy.  I have three things I emphasize...Rent is due on the first, no pets, no smoking.

For 7 mos. he is Johnny on the spot with rent.  The eighth month we get in a texting battle about a late payment made with a bad check.  He covers all fees and we get back on track.  Month 9 he tells me he will pay on 3rd...thanks for the heads up, he pays.  A week later he says he changed jobs, likely will be breaking the lease two months early to move closer to his new job.  I explain he will still be responsible for any rent I miss until I find a tenant, to give me as much notice as possible so I can advertise.  I am really not too worried, I am in a 1% vacancy market in a very 'Hot' area of town.

As I was leaving the property last night, I see a cat in the window.  WTF?  He knows, we discussed it completely more than once.

What are my BMP options here?

David O · Answer

Damn that is intense.

OP I would advise you to follow your lease and what it says regarding pets. It sounds like this guy is going to break his lease and likely won't care anyways, so I would try to get him out of there ASAP.

JR T. · Answer

Do whatever your lease says about the cat. If you do not charge additional monthly or daily rent for unauthorized pets start doing so with your next lease.

Be sure to congratulate him on his new job, try to find out where and the company so you have a place to serve him with your suit for the breach.

JR T. · Answer

Exactly it's important that you state tenant agrees to pay additional rent of X amount per day week month the unauthorized animal is observed in the unit. We charge 300 one time per month if we observe one any time during the month. We feel fairly compensated and they have until the 1st to make arrangements for the pet which we feel is in the best interest of the pet.

Neal Little · Answer

I feel like a jerk, but not really.  He had his family up from the coast to escape the hurricane, and his oldest one brought her cat.  Probably the only possible excuse there is.

However, this is a great excersize, it still doesn't excuse any issues that come up as far as damage and smells, etc.

And thanks to JR T. for the advice on changing our lease...in fact had that discussion last night at dinner.  We determined the daily rate has to hurt to be of any value.  So it will say something such as..'If the no pet clause is violated, there will be a non returnable fee of 200.00 for mitigating the hair and aromas, as well as a 50 dollar daily fee until the animal is removed.'

Otherwise folks would just pay the 200 bucks and keep the pet.

Greg S.  I like cats and surely would not kill anyones pet over money.  Hopefully that part of your comment was an attempt at humor.

Thomas S. · Answer

Do an inspection of the property asap. If the place stinks of cat tell him he will be paying for the cleaning.

Your other option is cat food and rat poison. Does wonders to control unwanted animals around my properties.

Neal Little · Answer

Thanks John  I understand that I can't just arbitrarily keep money from a deposit.  What are my other options?

Neal Little · Answer

The lease states NO PETS as well as my initial eye to eye interview.  My feeling is that he already intends to break the lease so what does he care if I threaten an eviction?  Although an eviction on a credit report looks bad, it isn't like a bankruptcy.  He may have trouble renting again, but his plan is to buy a lot and build a tiny house.

I suppose the best thing to do is give him a letter stating that NO PETS is in the lease, that he must get rid of the pet immediately or will be charged a daily fee?

Or I could say nothing and just take it up when he moves out and address any damage through the security deposit.

Or I could allow the pet with a non refundable Pet Fee that still allows for damages to be taken from the security deposit, making the Pet Fee a payment for breaking the rules of the lease.

Ricardo R. · Answer

@Neal Little does your lease address pets? Do you charge anything if someone introduces a pet without your consent?

sketchy not sketchy?

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