Penalty for Unapproved Dog?

Question

I am trying to figure out the best way to handle an unapproved pet. I actually allow 2 dogs for a single family home rental (3 bed/2 bath). A total of 3 college students live at the house.

I have a $200 pet fee and $25/month of pet rent if the dog is 25-50 pounds. No dogs over 50 pounds and less than 2 years old. If the dog is less than 25 pounds, then no pet rent. One of the tenants has a dog and told me about it. He paid the $200 pet fee and also pays the $25/month pet rent because his dog is 37 pounds. Everything is great.

However, one of the other tenants asked if they could get a dog in September. I told him that I do allow 2 dogs for the rental and gave him my guidelines. I emailed him about a month later and asked him if he ended up getting a dog in October. He never replied.

I was at the house a couple days ago and noticed that he had a dog crate in his car. I asked the neighbors to look for a second dog. I'm sure it won't take long to bust him. However, I don't think I have anything in the lease that gives a specific penalty for not disclosing a pet.

If the dog is within my guidelines, I was thinking of charging him the $200 pet fee and maybe three months (Oct-Dec) of pet rent if the dog is 25-50 pounds. I would love to also charge him a penalty for not disclosing the pet, but I don't think I can do that because there isn't a specific penalty stated in the lease.

I think it becomes more complicated if the pet does not fall within the guidelines. What would be an appropriate penalty? I was thinking of charging him the $200 pet fee and still tell him that he has to get rid of the pet. I would just take it out of their deposit.

Thomas S. · Answer

Pay or vacate.

I would also advise removing the 25-50 lb regulation. It is fine to have a max size limit but the minimum limit is going to result in pet damage that you can not collect for. The size of a dog has very little bearing on damage. All dogs pee.

Account Closed · Answer

Perform a fire/safety inspection every three months and you'll soon know how many pets live there. The penalty is eviction, what else is the tenant not telling you? Best of luck with your investment.

Adam Christopher Zaleski · Answer

The neighbors confirmed that an unauthorized dog has been on the property for "quite a while." I sent a professional email to all the tenants and parents who are co-signers.

I gave them 10 days to send me a $200 non-refundable pet fee and proof that the dog was at least 2 years old and less than 50 pounds. I told them that that if they didn't do everything in 10 days, I will be forced to start the eviction process. I told them that I didn't want to evict them. However, it was a clear violation of the lease and can result in eviction.

One of the parents called me within 10 minutes and apologized. It was their parents dog (grandparents of the tenant). The tenant is watching the dog for a few months while their grandparent recovers from surgery.

The next day the parent wired me the $200 pet fee and provided all the paperwork for the dog, including age and weight.

Overall, I think it ended pretty good. I told that I didn't want to threaten them with eviction, but it was all on had in the lease to make sure they addressed the violation.

Thomas S.  The house is 80% tile and 20% laminate so I'm not that worried about pee. My biggest concern has been bigger dogs with more weight are more likely to create small scratches in the laminate flooring. The bigger dogs also seem more likely to leave scratch marks when they paw at doors and cabinets.

Jim Adrian · Answer

@Adam Christopher

Verify the wording in your lease for the $200 fee as is this per each pet or for all pets?  I bet its for all pets.  Is each tenant on a separate room lease?  Technically this is breach of contract with an unapproved pet as you could go as far as eviction but that's a silly option in this case.   I would talk to them and ask what is going on with the pet issue and tell them they have 7 or 14 day to correct the problem. Let them know you will need to issue a lease addendum for the pet.  I would follow up the conversation with an email and/or letter to document the discussion.  I would change your lease to charge a pet rent for all pets and not by weight.  That is lost money to cover any repair cost the $200 doesn't.   This would be a good time to verify with your state landlord laws on pets as you may be in violation with a double pet fee here.

Dan Williams · Answer

Yeah this seems the most reasonable solution to the issue. I would charge the fee and the few months back rent you are owed and call it a day if they have been good tenants otherwise.

Linda S. · Answer

An eviction/pay or quit seems a bit aggressive for something that is approved within your lease.   I'd let them know you know of the dog, and tell them that whomever's dog it is, is required to pay the $200 deposit, and additional pet rent.   If no one claims up to it, let them know that your lease states no unauthorized pets are allowed, and it is grounds for an eviction.     If they are all college students, it's likely  their parents are paying or at least co-signed, I'd make sure they got the letter too.

Eric F. · Answer

@Adam Christopher did you talk to the tenant when you saw the crate?

Is this housing that only college students would be interested in? Since you are a professor and the renters are college students I am guessing it is a college area. If you evict, which seems a bit aggressive especially since you actually allow 2 dogs, would it be hard to fill until the next semester/year?

This sounds like something that can be fixed with a conversation. He is in the wrong, but you are very generous to allow two dogs so he should be happy to pay the fee, although if we think back to when we were in college we know how much $200 feels like!

Rosston Smith · Answer

They are breaking the lease. Give them the option to pay or vacate.

Penalty for Unapproved Dog?

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