Unauthorized pets or occupants

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Unauthorized pets or occupants

Ben Kirchner
Durham, NC · Member since 2016 · 125 posts · 42 votes

The tenant at my property has lived in the residence for 1 month now.  The known occupants of the house is 2 adults (Mother & Daughter) and 2 children (Daughter's children)  Last week, I did a 30 day walk through.  I was in the area and called the tenant to let her know I was going to do a quick walk through of the property, and would be there in about 10 minutes.  She said she wouldn't be home, but her Mother (the other known adult occupant) was there.  She called her Mom to let her know I was coming, and on I went.

I get to the house, and ring the doorbell.  Immediately I hear a dog in the house, which was never disclosed.  Then, a man answers the door.  I introduced myself and just asked if he was the boyfriend.  He said yes and ended up taking a call outside while I walked through the property.  

I talked with the Mother for a bit while I was there.  I asked her if the boyfriend was living there, and she first said "Yes."  then said "Well, sometimes."  I asked who's dog that was.  She said it was her daughters.  One thing to mention - The Mother is on disability.  I do not know the exact details or extent of her disability, but from my interaction with her, I couldn't be confident in what she said to me.  However, I saw a man and a dog in the house, all while the person who's name is on the lease was not at the house.  Not to mention one of the woman's kids was still at the house with this man, playing with the man's child.

I spoke to the tenant about the man in the house, she said he was just a friend visiting for the weekend.  I asked about the dog, and she said she was just dog sitting for the week, and it would be gone by the end of this weekend.  

My lease clearly states there is a $250 fine for an unauthorized pet and a $250 fine for an unauthorized occupant.  If there is an animal living in the house, I would want a pet deposit.  If there was another occupant to live in the house, I would want a background check.  

How do the experienced landlord here respond to this scenario?  My plan was to do another walk through with little notice and see if the dog and other occupant are there the next time I go.  Would an experienced landlord have other suggestions?  If these things are present the next time I go there, how do I proceed with enforcing a fee?

Thank you

Ben

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  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    9y

    I would send a formal written notice pointing out the violations and make it clear if they remain in violation you will either not renew the lease, if they are M2M, or begin the eviction process if they are on a term lease. 

    Short of that there is nothing you can do to inforce any lease.

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  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    @Ben Kirchner not sure about landlord tenant in NC, but in Florida we issue a 7 day notice of non compliance with opportunity to cure . If after 7 days the dog and man are still residing in the property, I send a 7 day of noncompliance without opportunity to cure. If afayr that seven days they are still there, move forward with an eviction.

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  • Marcia Maynard
    Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    9y

    Better check your landlord-tenant laws before just popping in to do a status check and inspection. It may require a legal "Notice to Enter" or something similar.

    How clear and strong is the wording in your lease? Here's a sample from ours.... very easy to enforce. When a lease violation occurs we serve a Notice to Comply and invoice for the penalty fees soon after we discover the problem.

    I would sit down with the tenants and review the terms of the lease. Hopefully you did this prior to their moving in and didn't just rely on them reading it on their own. It's best to name all adults (age 18 and above) who reside at the house on the lease, as jointly and severally liable.

    -----

    OCCUPANCY.Tenant agrees that the premises are to be used and occupied by Tenant and members of Tenant’s immediate family only as specified in this rental agreement, namely __________________________________________.

    Other persons may not move into the premises, even temporarily, without Landlord's prior written consent.If Tenant allows a person to occupy the residence without Landlord’s consent, Tenant agrees to pay a penalty fee of fifty dollars ($50) per violation, per person.

    GUESTS. Landlord will allow Tenant to host guests on the premises for special occasions and short periods of time and Tenant agrees to accept responsibility to ensure guests do not violate any of the terms of the rental agreement. Tenant agrees to obtain prior written consent from Landlord for any guest staying more than fourteen (14) days in any 12-month period.Landlord may at any time ask guests to leave the premises for violation of any of the terms of the rental agreement.

    PETS AND ANIMALS.This agreement specifically prohibits keeping pets/animals, or allowing the pets/animals of others on the premises, even temporarily, without the prior written consent of Landlord.“Pets/animals” include, but is not limited to, both warm- and cold-blooded animals, such as dogs, cats, fish, rabbits, hamsters, rats, birds, snakes, lizards, and insects.Tenant agrees to pay immediately for any damage, loss, or expense caused by such pets/animals.If Landlord grants permission for keeping a pet, Tenant must sign a Pet Agreement addendum for each pet, which may require additional monthly rent and/or additional security deposits. Service animals are allowed for people with qualified disabilities upon request and completion of a Service Animal Agreement addendum.If Tenant allows a pet/animal in the residence, even temporarily, without Landlord’s consent, Tenant agrees to pay a penalty fee of fifty dollars ($50) per violation, per pet/animal.

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  • Ben Kirchner
    OP
    Durham, NC · Member since 2016 · 125 posts · 42 votes
    9y

    These offenses and fees are clearly stated in the lease.  The lease is also not incredibly lengthy.

    Thanks for bringing that to my attention @Marcia Maynard.  From what I searched, it looks like Landlord entry is acceptable with at least 24 hours notice.  The problem is my concern is that the tenant is being dishonest about having a dog in the house, and that another occupant is living in the house.  These are two things that can easily be removed and "hidden" from me if given 24 hours notice.  Therefore, I'm left with other alternatives to see her bluff.  What would be my options while not violating the Landlord entry terms?

    Thank you

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  • Marcia Maynard
    Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    9y
    Originally posted by @Ben Kirchner:

    These offenses and fees are clearly stated in the lease.  The lease is also not incredibly lengthy.

    Thanks for bringing that to my attention @Marcia Maynard.  From what I searched, it looks like Landlord entry is acceptable with at least 24 hours notice.  The problem is my concern is that the tenant is being dishonest about having a dog in the house, and that another occupant is living in the house.  These are two things that can easily be removed and "hidden" from me if given 24 hours notice.  Therefore, I'm left with other alternatives to see her bluff.  What would be my options while not violating the Landlord entry terms?

    Thank you

    It's unfortunate that this tenancy is just one month old and you already have trust and lease violation issues. I feel for you!

    Nothing prevents you from driving by the property and observing what you see. Nothing prevents you from ringing the front door bell and talking with whoever answers.

    With proper notice to enter, or by mutual agreement, you can also arrange to do a property inspection. During the inspection, look for evidence of damages (by the dog or others) and charge for such accordingly. When a tenant breaks one rule, they tend to break more rules. Keep an eye out for more lease violations.

    Now that you've seen the dog and the boyfriend at the property, it does raise a concern. So at this juncture I would arrange for a meeting with all the parties to the lease, review the terms of rental agreement and what they mean. Re-establish your expectations. Be open, honest and respectful in your communication. Ask for the same.

    For unauthorized pets.... the "It's not my dog, I'm just taking care of it for a friend for the weekend" excuse is not uncommon. We counter that by having in our agreement that animals can't be on the premises, even temporarily, without prior written permission. Our fee is low enough for tenants to pay promptly, but high enough to be a deterrent. By the way, dogs will often "out" themselves when you ring the doorbell (as you know) and also if you happen to be working on the landscaping and use a dog whistle near a window.... something the dog can hear and the tenant can't. Look for cats sitting on window sills and kitty litter boxes. Keep an eye out for pet food and pet supplies.

    For unauthorized occupants... the "He's just visiting and doesn't live here" excuse is not uncommon. I look for evidence of tenancy, such as receiving mail at the property, vehicles parked nearby (day & night), visitor present when the tenant is not, personal items kept at the residence like a lot of clothing and toiletries, etc. I will ask the frequent "visitor" where they live. One time I even asked to see ID that shows the location of their actual residence.

    Good luck with this. At least you caught it early on and have a chance to work it out with the tenants before they break more rules and/or make up more stories.

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  • Brian H.
    Carolina · Member since 2017 · 519 posts · 222 votes
    9y

    @Ben Kirchner, while I cannot give you advice from the standpoint of a seasoned REI... I can say what I have read OVER and over on here and elsewhere. Always enforce your lease. If you don't, people like this will walk all over you. It sucks man.... it really does. But, they signed this lease. Also, sounds like the adult daughter is lying to you about the guy being her "friend" and the dog being dog-sitted... so, as much as it sucks... you have to enforce! It is your property, your business, your peace of mind... if they don't want to follow the rules, they can rent from someone else. Right?

    Good luck man.

    Maybe come back and let us know what happens/how it goes?

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