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Updated about 8 years ago, 11/22/2016
Unauthorized Pet and damage
Hello BP.
Seeking some advice on a rental. Tenants asked for me to repair the wooden fence. I met with tenants and saw that it was leaning a bit and a few of the panels were loose. Informed tenant I could do some small repairs at my earliest opportunity since there was no obvious emergency. I first contacted them 2 week ago to go by to do the work. They asked if I could come back the next day or the weekend. Said I couldn't and would call them the following week. Called this past Friday, again they asked if I could come back in the evening or weekend because they had left the dog outside during lunch. I normally contact tenants a day prior but did not think it was necessary since the repair was going to be outside and did not need to enter the home. Plus, in the past when I needed to go by to do repairs they always asked if I can go in the evening because they don't keep the dog locked in the home during the day. So all this was very odd to me. Something told me to go by plus I wanted to check again what supplies I was going to need for the repair (since it is a corner house I could check from the outside). When I arrived I knocked on the door as I always do. To my surprise, 3 dogs came to the window. 2 pitbulls and another smaller breed (there was no dog in the backyard). In our original contract, though I advertised no pets, I made the exception to allow their elderly pitbull into the lease and charged a nonrefundable pet fee plus a monthly fee. I am very upset now because not only did they lie to me but now have 2 additional pets on the premises not on the pet addendum. 1 being a much younger and larger pitbull. I also checked the fence and it was in much worse condition than a month earlier. The panels have become detached completely from the posts in multiple locations. Though I can't prove it, I'm not stupid and know this is not normal wear and tear. And now seeing there are multiple pets. I'm pretty sure the damage is being caused from the pets trying to push their way through the fence. I have chosen not to say anything yet and will go by again tomorrow to see if by chance they were maybe dogsitting. Plus I was so upset it completely slipped my mind to take photos.
Tenants do pay ontime each month, so I would prefer not to terminate the contract. But I definitely need to take some action. I also do not feel it is my responsibility of repairing the fence without any ramification to the tenants. Would love to hear your input on this matter. If I decide to fine (charge a fee) for either the extra pets and/or the repairs. How is that done. Do I simply email them or send them a letter informing them of the fine or additional fee on top of the normal rent.
Sorry for the long story, just wanted to give as much detail as possible. Thank in advance!
Forget email or texting or phone calls. Put it in writing, remove the extra dogs or face eviction. These dogs will trash the house and the back yard lawn. Tenants have shown they don't care much about your lease. Bill them for repairing the fence.
Serve notice to cure or quit (or whatever it is in your state).
They should have a chance to remove the unauthorized pets, or leave.
So what if they pay rent? That is a baseline expectation of a tenant. Other tenants, who won't violate your lease, will also pay rent.
Charge for the fence repair and any other damages. Deduct from security deposit if they don't pay.
I believe you have your answer as to why the request to do the work in the evening or on weekends. When the tenants are home they can keep these extra dogs inside and hidden from you.
What do you wish to do? Give your tenants notice they have breached their lease and they must get rid of the extra dogs? Or pay another nonrefundable pet fee plus increasing the monthly fee to cover these extra pets? As well as paying for the damage these unapproved pets are causing to your fence.
It is up to you. How difficult would it be for you to evict them if they choose not to get rid of these extra dogs? How hard would it be for you to find replacement tenants this time of year? Those are the questions you should be asking yourself.
And don't buy any excuses that they are only dogsitting.
Gail
@Gail K. Thank you for your input. Honestly would prefer not to terminate the contract since they do pay on time and I believe it will be harder to rent now as we near the holiday season. If it were another type of dog. I would let them slide with just paying an additional Pet fee. I don't think allowing 2 pitbulls in a home would very smart of me. Luckily I did charge additional security deposit because there were a few red flags in their credit history. So I could use that to evict them and be fine for 2 months. That will be worst case.
@Max T. @Account Closed Thank you for your input. I'm going to look into that notice to cure or quit. And will give them a chance to fix the issue. Does the charge to repair the fence go on the same paperwork or is that separate? I plan to meet them in person this evening when they are both home. Serve them the paperwork and review the contract with them.
So...how did this all work out? Please let us know.
Gail
#2 General Landlording & Rental Properties Contributor
Since you violated your own lease agreement by allowing them to have a pet you have placed yourself in a difficult legal position regarding preventing them from having additional dogs. My approach would be either to inform them that there will be an additional, very hefty, pet fee or I would be removing a significant section of the fence entirely. Assuming the fence is not included in the agreement that should not be a problem and will likely encourage them to leave without having to evict.
These are not good tenants, payment history being irrelevant, and you would be farther ahead getting rid of them.
Met with them today and served them a 7 day notice to cure or quit. Also, informed them that they have the option to repair the fence themselves at no cost or I could repair the fence for a charge. Ofcourse, they said they were dogsitting for someone. So I told them that there should be no reason then that the dogs remain in the property after the 7 days. Additionally mentioned they need to notify me if any pets not on the lease will be within the property for any extended amount of time. I inspected the home and everything is nice and clean so no complaints there. The blinds were a little chewed up but they were in bad shape anyways so I'm not too worried. Let them know any damages not pre-existing will come out of the security deposit. All in all, I feel like I got my point across. Will see in 7 days if dogs are out. Thanks everyone for your advice.
Hopefully all went well today with the tenants.