What to do if you find pets in your "no pet" rental

Question

Hello everyone,

What do you do when after an inspection or maintenance visit to your property, you find that the tenant got a cat after they moved in? Will it make any difference to you whether there is no visible damage to your property or smells at the moment of inspection in how you react to this event?

Do you terminate the lease or ask a deposit or how do you handle it.

I appreciate any suggestions. Thank you.

Lynn McGeein · Answer

Send a letter of noncompliance, give them proper notice, whatever landlord/tenant laws allow for fixing a break in lease terms, x days to have problem resolved and re-inspection date, and let them know that any cleaning or damage related to animal in house will be charged to them and not considered normal wear and tear as you have a no pet policy.  My lease actually states if there is a pet in lease, it is only that specific pet; if no pet in lease, then there will be no pets, including guest pets or pet-sitting, and any animal (or any other animal if specific pet is listed) seen on premises will be considered an emergency in terms of entrance for landlord/manager, animal control or other service to have animal immediately removed from premises to avoid damage to property, including inside fence in yard, not just inside home.  I'm not sure it's even enforceable, but I haven't had to test it yet.  I explain the damage pets have done to my homes in the past, and that knowing how strict I am about pets, if they prefer to rent elsewhere due to my strict pet requirements, then it saves all of us a lot of stress.

Thomas S. · Answer

Give notice for them to remove the pet and if they refuse you proceed with the eviction. If they are on M2M do not renew, if on term when the term lease ends do not renew. Make sure your tenants are all on M2M and you can avoid these issues by simply not renewing their lease.

If you are not prepared to inforce your lease remove the no pet policy.

Jeff Rabinowitz · Answer

Do not ask. The tenant has violated the lease. You have choices:

You can do nothing. If this isn't worth evicting over you can ignore it. This sets a terrible precedent.

If you would wish to evict because of this: send a demand letter to correct the violation (remove the cat) by a stated date. If the cat is not removed, terminate the lease and begin eviction if necessary.

If you would allow the cat with a sufficient extra deposit, a signed pet policy, and, perhaps, a rent increase then send a demand that the pet be removed or the proper deposits paid and agreements signed by a stated date. If that date comes and this has not been resolved to your satisfaction, terminate the lease and begin eviction if necessary. Again, do not ask--demand.

Account Closed · Answer

My landlord is pet friendly, but only with prior permission of the landlord.  A deposit and monthly fees have to be paid, and the landlord has to see the animal and the vaccination papers.  I don't have a pet.  Except for service or companion animals, I'm not even allowed to have any animals "just visiting" if a friend or neighbor wants to stop by for a couple of hours.  Otherwise, I'll be committing a material and incurable breach of the lease and can be evicted.  For those tenants with an approved pet, the landlord can revoke permission for any reason with 7 days written notice.

Derek Guivehchi · Answer

@Jay Mayer if it’s no pets then the pet has to go or the tenant has to go. If it’s a pet friendly and they didn’t disclose a pet to avoid paying the pet fee the fee doubles and is due with their next rent payment.

If they say it’s not their pet and are just dog sitting for a friend or cousin they are lying, don’t fall for that.  Its unbelievable how many so called dog sitters I have haha

Michael Noto · Answer

@Jay Mayer We have been in this situation more than once and we tell the tenant they have 48 hours to get rid of the pet because their lease clearly states they can’t have one. In all cases once called out the tenant got rid of the pet.

Had they not we would have served a notice and went from there.

Jill F. · Answer

My lease specifies that rent goes up by double the pet fee and then if pet stays, pet addendum must be signed and pet fee and additional pet rent are due each month.

Kelly N. · Answer

I allow cats in some apartments, and heard a dog barking in one.  I mailed a letter stating that they were violating the lease, the dog needs to go within 30 days, along with the paperwork needed to start the eviction.  The dog went back home to the kid's parents' house, and they apologized, claiming that they thought it *might* be ok since they had a cat and had paid the additional deposit I required.

Matt Morgan · Answer

@Jeff Rabinowitz, agreed, but you have to gauge what it's worth to you.  A dragged out proceeding that may take months to get a judgement and enforce while you're paying legal fees the whole time? Or can you just not renew a lease when it comes up?  Each situation is unique.

Jeff Rabinowitz · Answer

@Matt Morgan, just because a tenant claims the pet is a therapy pet does not mean it is. If you want them out make them prove it. This is a developing area of case law but they may need more than just a letter from a doctor depending on how far you wish to press the case.

What to do if you find pets in your "no pet" rental

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