enforcing no pet policy in a triplex that we are purchasing.

[Damian Gawle]

Hi,

We are purchasing a triplex in Springfield Ma. and wish to have a no pets policy.  The trouble is that at least one of the tenants that we would be inheriting has a small dog.  The apartment looks clean and dog looks like it stay's in the crate most of the time.  How do I enforce this rule for future tenants and not appear to be discriminatory towards them if I allow the present owners to have their pet?

Thanks,

Damian Gawle

[Shawn Davis]

Hi Damian - Since you are bound by the current lease, you wouldn't be able to force the tenant to get rid of the dog if it is allowed in their lease anyway.  Since your "no pet" policy can only be applied to new tenants, or tenants who wish to re-lease, you can simply explain (if you want) that the tenant with the dog was already there when you became the owner.  I also have a no pet policy but when I purchase a property that has tenants with pets I allow them to stay as long as they remain good tenants even if they want to re-lease.  It saves me the cost of a turnover and if they have lived there for any length of time the pet "damage" (odor, hair, scratched up doors etc.) has already been done.  Once I have gotten into a unit and cleaned it up with new carpet, repairs and new paint, then I don't allow pets in again if that is going to be my policy in a unit.

Pets are not a protected class so you needn't worry about discrimination so long as you aren't applying the rule in a discriminatory fashion (I.e., only telling candidates from a protected class that you don't allow pets but then allowing others to have them).  

I have one duplex that has a fenced yard and is close to a great dog park.  Several years ago I decided to allow pets in that building and I have great long term tenants in both sides.  I'm sure there will be damage upon turnover (I collected additional deposits)  and I will have to re-carpet and paint anew but then I haven't had the expense of a turnover in that building in 4 years.

Good luck!