Pet Policy Violated / Beyond Normal Wear and Tear

Pet Policy Violated / Beyond Normal Wear and Tear

Macomb, MI · Member since 2017 · 5 posts · 2 votes

Hi Everyone.  I have a house I rent to 2 men, or who need staff for care giving.  Each man requires 2 staff at all time to help with their needs. So we have 4 staff members in the house at all times. The Lease is set up in the men's name only, treated as roommates, the staff is not listed anywhere on the lease.

We have a no pet policy. There are no pets allowed on the premises. However, it has come to our attention, that The Staff is bringing their pets to work - which means, dogs and puppies (which I would never agree too!) have been in the house. This is not on a regular basis, but it's happening. I have spoken to the house director, and she said "I bring my dog to work all the time, is it ok if we leave the dogs outside"? I clearly stated we have a no pet policy. If she wants to pay a non-refundable deposit, then we can readdresss it. She said no, she will send a note to the staff to not bring their pets to work.

My point is, they knew from the beginning there was a no pet policy. Who is to say this isn't going to continue. And now what kind of damage has been done to the floors and the added wear and tear?

What can I do as a landlord? My thoughts are sending them a signed warning of some sort that they are in violation of the lease, and that they are risking their security deposit (if this is really true?)

What is considered beyond normal wear and tear? While we understood this house was going to house a few more people at a time, we are amazed at the number of traffic that is going on in the house. I would suspect at the end of their tour here, the carpets and floors are going to be trashed. How can I really determine this? The carpet was 2 years old when they moved in. Can I really make them pay for new carpet when they  move out? Especially now that they brought pets in the house?

Thank you for your input.

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  • Real Estate Agent · Garden City, NY · Member since 2016 · 3k+ posts · 1k+ votes
    9y

    @Dawn Brandt

    Are the staff people "living" there or are they just guests?

    Although the renters aren't allowed to have have pets, does the lease specifically state no animals are ever allowed on the premises?

  • Macomb, MI · Member since 2017 · 5 posts · 2 votes
    9y

    @Christopher Phillips Thanks for your response. The staff are just guests. They are not listed on the lease. They rotate shifts, so staff is there 24/7, but not the same people, if that makes sense.

    The lease states: Pets: no pets allowed. 

    They at first wanted a pet, but once I spelled out the deposits and gave them my pet rules, they said no, we won't be having any pets here - so I just left it as No Pets Allowed. Nothing more - now I feel hoodwinked.

  • Real Estate Agent · Garden City, NY · Member since 2016 · 3k+ posts · 1k+ votes
    9y

    @Dawn Brandt

    hmmm.

    Makes me wonder who the pets really belong to.

    You can emphasize the "no pets rule" in the lease that they signed and if the animals are more than short term guests then they are violating their leases and they won't be renewed... They'll also be responsible for damages beyond wear and tear that will be taken out of their security deposits when they leave.

    After continued warnings, you'll have to proceed with eviction. Most courts will honor a no pets clause as a grounds for eviction.

  • Macomb, MI · Member since 2017 · 5 posts · 2 votes
    9y

    @Christopher Phillips I thought that No Pets Allowed meant just that. That includes the tenants guests (and in this case, staff). So a dog could be there 8 hrs a day, every day or a couple of days of week, and go home with the staff member. It doesn't really live there. But is still in a house where no pets are allowed. And that would be ok for the pet to be there because it doesn't really live there, the pet is a guest?

    My thoughts are to send a written warning, remind them of the no pet policy. And if I see damage caused by pets, I have some kind of leg to stand on if we have to go to court for damages.

    They have one more year left on the lease.

    (I suppose I need to tighten up my lease in this area!!)

  • Real Estate Agent · Garden City, NY · Member since 2016 · 3k+ posts · 1k+ votes
    9y

    @Dawn Brandt

    No, that would be too much time "visiting."

    I would start with a conversation in writing.

    It is against the letter of the lease, even if the pets aren't causing damage.

    The more you have in writing the better.

    The only other option would be if they put up a pet deposit to allow for the so called "visits." But, if you do that, the owners will probably make the pets a permanent thing.

  • Macomb, MI · Member since 2017 · 5 posts · 2 votes
    9y

    @Christopher Phillips Thank you. After further research I have come to the conclusion I will need to make a lease addendum. There are other issues we need to address as well, repairs..but that's another conversation.

    This I'm hopeing will better spell out the rules for all of us. So moving forward there will be no questions.

    This addendum will better spell the pet policy. NO PETS SHALL BE ALLOWED, EVEN TEMPORARILY, ANYWHERE ON THE LEASED

    PREMISES, WITHOUT THE PRIOR WRITTEN CONSENT OF LESSORS. LESSEES WILL BE

    SUBJECT TO CHARGES, DAMAGES, AND EVICTION PROVISIONS OF THIS LEASE IF THIS

    PROVISION IS VIOLATED. IF A PET HAS BEEN KEPT ON THE LEASED PREMISES AT ANY

    TIME DURING THE LEASE, THE DEPOSIT WILL BE FORFEITED

  • Real Estate Agent · Princeton, NJ · Member since 2016 · 1k+ posts · 1k+ votes
    9y
    Dawn Brandt - Honorable pet owners have been great tenants in my properties. If these people are sickly, it may really help them. Or it helps the caretakers do their jobs better. If they claim it's a required service animal, you must allow it with no additional fees in most places. Option A) Send a dated letter. You are in violation of x clause on the lease stating no pets are allowed. You may either stop the pet visits immediately or you may sign this addendum where you identify each visiting pet (name, breed, owner, owner contact info, owner pet bite insurance with you as additional insured or $$ for you to add to house insurance ) and pay $50/mo pet rent plus $500-1000 additional refundable pet damage security deposit. (Your call. Recarpeting a room is about $500 here. If a pet ruins the carpet you can get reimbursed the remainder of the useful life. Ie 3 year old carpet ruined at move out of 7 year life, you can charge 4/7% of carpet cost). Tell them you enjoy them as tenants but that you will file to evict them if they do not either stop the pets or pay for the pet addendum. Also request long term visitor/caretaker contact information to have on record. Frequent visitor addendum or something. Option B) Put your foot down and say no visiting pets and you'll evict them, then follow through and lose your tenant if you ever see pets there. You'll have your sec dep to pay for existing damage but it'll be hard to collect if it's more. You'll have to find another tenant and lose money during any vacancy.
  • Macomb, MI · Member since 2017 · 5 posts · 2 votes
    9y

    @Natalie Schanne Wonderful advice. I really like the idea of the note and adding in the fees. Letting it be their choice. 

    I do understand the need for service animals. In this situation, it isn't really a necessity.

    We originally had a pet policy in place, with fees and added rent, and they said they will not have pets. So now they are bringing in pets, we are feeling shortchanged. They should be paying for that, because yes, they will create extra damage. 

    The house is 1700 sq feet and it will cost about 3k to recarpet it. The security deposit is 1800 so it wouldn't even cover the cost to replace it. Yes I know we could go to court for more, but lets avoid that, right?! So having a non refundable pet fee of 250$ plus 50$ a month for each pet sounds reasonable. - But when I brought this up with our phone conversation yesterday, the house manager said she will tell everyone to not bring their pets to work...so they will abide by the original rule of no pets.

    I still think I should put something better in place then what is stated in my original lease - it seems a little loose to me.

    Having a list of frequent visitors sounds interesting as well. Because I have no clue who is there. I only contact the House Manager, who is in charge of the house staff.

    Thanks again for your input, it has me thinking!!!

  • Investor · Lebanon, OH · Member since 2016 · 144 posts · 87 votes
    9y
    Dawn Brandt Have you been inside the unit? Have the pets actually caused damages? Based on what I am reading it sounds like this is an assumption on your part. Sounds as though you are assuming the carpet has been ruined and will need to be replaced. I don't have carpet anywhere, in any of my properties (including my own residence). It's a greater expense upfront but much cheaper in the long run. Tenants do not take care of carpet and it doesn't take much wear and tear to result in needing to replace it (with or without pets). They also (as you are finding out) lie and bring unapproved pets into their rentals. It's been a long time since I have owned a home with carpet...Is carpet (in a rental) expected to last 3+ years? I would be surprised to get greater than 1 tenant term out of it. It also sounds like you knew up front that these individuals required 24 hour care but are now thinking that structure is too much traffic for your unit. Are these people on M2M leases? If so, you might want to consider giving notice and finding someone that better suits your expectations. Good luck, Michelle
  • Real Estate Agent · Princeton, NJ · Member since 2016 · 1k+ posts · 1k+ votes
    9y

    @Dawn Brandt - Don't short change yourself. 1 pet can cause $2000 of carpet damage or 3 pets can cause none. $250 might not cover it. Ask for $500-1000 more (if legally allowed - in NJ you have to charge a non refundable fee because sec dep can't be greater than 1.5x rent. Here I've seen $300.) 

    The pets are probably coming over because the caretaker needs to walk/feed them while still on a 12 hour shift. The house manager allowed them because she's an accommodating person. She's  already shown disrespect for your lease terms so I wouldn't trust a conversation. Don't take her at her word that no more pets will be over. Send the letter now (with the options) so you have dated evidence for  court. 

    I'd also schedule a 'routine' house maintenance inspection to see now the current state and assess if you already have more than $1800 of damages.

    My good friend found an unauthorized cat in her rental house for a tenant with a short term bedroom rental (she approved one with a $250 fee, but then there were 2.) The room smelled bad and continued into the hallway used by other tenants. She gave the guy his 30 day notice. Between the notice and his move out, the cats tore up the carpet in the room costing her $650. (Thank goodness they didn't urinate). Overall she didn't have enough security deposit to retain to pay for the damages. (Assume you will never get $$ in court after move out.)

  • Mobile, AL · Member since 2017 · 16 posts · 3 votes
    9y

    What is wrong with people??    It is amazing to me that people would think that it is okay to just bring their pet to work with them!!   That just sounds like people that are trying to take advantage of a situation.  Good grief!!!  Anyone that has been a landlord / property manager for any period of time KNOWS what pets do to properties.    I am just shocked that people would do this.   But then again I am not .... 

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