Tenant late on payments and has unauthorized pets

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Tenant late on payments and has unauthorized pets

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

A couple months into my tenant occupying my rental property, there have been issues.  This is my first rental property, and I'm learning from my mistakes of being too considerate to the tenant.  I'd like some advice for experienced investors on how to proceed with this one.

- First, I agreed to let the tenant pay the security deposit with broken up payments on agreed upon dates AFTER the move in.  She did not pay what was agreed upon on the dates we set out, and it took some hounding to get, but she finally ended up paying.  She had several excuses which I didn't really buy, but we were square in the end.

- I went to the property to do a 30 day walk thru.  I saw a dog in the house, which I was never told about.  I would require a $250 pet fee for this.  When I contacted her about it, she said she was just "dog sitting fort he weekend."  The tenant was there.  Instead, her Mom (who is an authorized tenant) and a man who I didn't know (unauthorized tenant) was there, with her kids.  An unauthorized tenant again would warrant a $250 fee.  She said he was just a weekend visitor.

- She was late on rent this month.  She ended up paying rent and the late fee on 5/10/17.  Again, this took some hounding.  She is not payed up.

- Today I went to the house to do another walk thru, fix something, and check on things.  This time she was not there, but her cousin and her cousins friend was there with her kids, along with the Mother again.  They let me in.  I saw dog food.  The dog was outside but later let in the house while I was there.  

My questions:

At this point, I certainly do not trust the tenant. She is paid up for May. I can't confirm if the other people at the house stay there or not. However, I think at the very least, she owes the $250 pet fee. My question is how would I enforce this? I see her giving me the run around about "just dog sitting." How can I enforce the pet fee, and are there ground for eviction based on this? Part of me says I need to be ready to push the button the eviction now, but I need solid reasoning, and also do not want to forfeit May's rent when she would end up occupying it for the rest of the month, regardless. Another part of me says wait until next month and file for an eviction if it's the 2nd of the month and she has not yet paid. That would at least start the process, and have her out with some time to start showing the house again in June.  What are my options?  Looking for how an experienced landlord would handle this situation.

Thank you

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Michele FischerPro Member
Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
9y

Ben,

As you mentioned, you are learning a lot.

I have learned, from the school of hard knocks, that if a tenant doesn’t have fund sat move in, it will never get better. I now tell all applicants repeatedly that if they do not have the full move in money, we will find a different tenant.

You need a strong pet clause that says that no pets are allowed for any length of time. And a strong guest policy, although that is much more difficult to enforce. If this is a month to month agreement you can beef up that language now if needed, just give enough notice that you are amending the contract. But it sounds like this may be a lease.

Start getting strict on rental payments, give notice and late fees whenever they are late.

Serve her a notice to comply about the pet.

Dear ___[Tenant]___,

This is a reminder that our lease prohibits ___[violation]___. It has come to my attention that, twice now, you have broken this condition of your tenancy by having a dog on the premise.

It is our desire that you and all other tenants enjoy living in your rental unit. To make sure this occurs, we enforce all terms and conditions of our rental agreement. So please immediately find a new home for the pet (it is never welcome at this address) or pay the $250 pet fee (and any other stipulations about having an approved pet).

If it proves impossible to promptly resolve this matter by [what is your local law?  5 days?], we will exercise our legal right to begin eviction proceedings.

Please contact me if you would like to discuss this matter further and clear up any possible misunderstandings. [Insert pet policy]

Yours truly,

_____________________________________
Landlord/Manager

Podcast Guest on Show #79
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  • Alex Deacon
    Investor · Pittsburgh, PA · Member since 2015 · 1k+ posts · 1k+ votes
    9y

    @Ben Kirchner

     First, I agreed to let the tenant pay the security deposit with broken up payments on agreed upon dates AFTER the move in.  NEVER DO THIS 

    - I went to the property to do a 30 day walk thru. I saw a dog in the house, which I was never told about. I would require a $250 pet fee for this. When I contacted her about it, she said she was just "dog sitting fort he weekend."  I have heard that a million timesThe tenant was there. Instead, her Mom (who is an authorized tenant) and a man who I didn't know (unauthorized tenant) was there, with her kids. An unauthorized tenant again would warrant a $250 fee. She said he was just a weekend visitor.OK RIGHT

    - She was late on rent this month. She ended up paying rent and the late fee on 5/10/17. Again, this took some hounding. She is not payed up.

    - Today I went to the house to do another walk thru, fix something, and check on things. This time she was not there, but her cousin and her cousins friend was there with her kids, along with the Mother again. They let me in. I saw dog food. The dog was outside but later let in the house while I was there.

    My questions:

    At this point, I certainly do not trust the tenant. She is paid up for May. I can't confirm if the other people at the house stay there or not. However, I think at the very least, she owes the $250 pet fee. My question is how would I enforce this? I see her giving me the run around about "just dog sitting." How can I enforce the pet fee, and are there ground for eviction based on this? Part of me says I need to be ready to push the button the eviction now, but I need solid reasoning, and also do not want to forfeit May's rent when she would end up occupying it for the rest of the month, regardless. Another part of me says wait until next month and file for an eviction if it's the 2nd of the month and she has not yet paid. That would at least start the process, and have her out with some time to start showing the house again in June. What are my options? Looking for how an experienced landlord would handle this situation.

    Thank you

    been doing this 25 years and we manage over 600 units. Start eviction and she will either step up to the plate or leave. You have to be in control and never deviate from your process of screening tenants. You have to take your time when finding the right tenant and evict as soon as possible.

    good luck

    0Reply
  • Linda WeygantPro Member
    Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
    9y

    What does your lease say about pets?

    If it says "no pets/animals shall be permitted on the premises", then you've got a great reason to start your eviction.  If it just says "tenant may not have a pet", that's a bit tougher to deal with when you have claims of "dog sitting".  If your lease is not clear on this, make sure you clear it up the next time.

    The late payment that she currently has is also a great reason to evict.  If I were you, I would download a 3 day Cure or Quit notice from your local county court's website and go post it on the door tonight.  If your lease is strong on the animal issue, include getting rid of the dog along with the payment of rent.  If she does not pay AND get rid of the dog in 3 days, follow it up with an eviction suit.

    At this point, you're in a weak position and you need to strengthen it up.  I know you don't want to lose the rest of May's rent, but if you don't get this relationship under control right now, this behavior is just going to continue.

    Take a deep breath.  Say goodbye to the rest of May and possibly June's rent and get the situation in hand.  At least you've got a security deposit in hand to help.  (I know it sucks - trust me - I once lost 4 months of rent by not following this advice.  It's why I can write it now with such strong conviction).  

    Hang in there and good luck!

    Podcast Guest on Show #244
    1Reply
  • Michele FischerPro Member
    Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    Ben,

    As you mentioned, you are learning a lot.

    I have learned, from the school of hard knocks, that if a tenant doesn’t have fund sat move in, it will never get better. I now tell all applicants repeatedly that if they do not have the full move in money, we will find a different tenant.

    You need a strong pet clause that says that no pets are allowed for any length of time. And a strong guest policy, although that is much more difficult to enforce. If this is a month to month agreement you can beef up that language now if needed, just give enough notice that you are amending the contract. But it sounds like this may be a lease.

    Start getting strict on rental payments, give notice and late fees whenever they are late.

    Serve her a notice to comply about the pet.

    Dear ___[Tenant]___,

    This is a reminder that our lease prohibits ___[violation]___. It has come to my attention that, twice now, you have broken this condition of your tenancy by having a dog on the premise.

    It is our desire that you and all other tenants enjoy living in your rental unit. To make sure this occurs, we enforce all terms and conditions of our rental agreement. So please immediately find a new home for the pet (it is never welcome at this address) or pay the $250 pet fee (and any other stipulations about having an approved pet).

    If it proves impossible to promptly resolve this matter by [what is your local law?  5 days?], we will exercise our legal right to begin eviction proceedings.

    Please contact me if you would like to discuss this matter further and clear up any possible misunderstandings. [Insert pet policy]

    Yours truly,

    _____________________________________
    Landlord/Manager

    Podcast Guest on Show #79
    3Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    9y

    So you signed a tenant that did not qualify, this was your frst mistake when they did not have the money for a deposit. She then had to be chased and you discover a dog and unauthorised tenants.

    Landlords that fear having to manage their properties would simply cross their finger sand hope there are no more problems. Problem is these are only the beginning of the problems.

    What you need to do is immediately give a three day notice to cure or quit in regards to the dog and the unauthorised occupants. You do not have to agree to allow her to have the dog and should demand she get rid of it since she did not have permission in the first place to have it. Back her into a corner and offer to let her out of the lease. It makes no difference what her excuses are or even if the people are only visitors you need to take swift action to begin to undo all the bad training you have already done. You have been lax and she is walking all over you.

    Ultimately you will need to get rid of this tenant sooner rather than later. I assume you have signed a term lease with her placing her in control of your property. You will need to come down on her with a 3 day notice for every violation and hope she gives you grounds to evict. If not you will need to wait and not renew her lease.

    In the future it would be advisable that you only have M2M leases to protect yourself.

    0Reply
  • Ben Kirchner
    OP
    Durham, NC · Member since 2016 · 125 posts · 42 votes
    9y

    An update to the situation: I've enforced the pet fee, and she has agreed to pay the late fee.  While she was reluctant, I pointed out how it clearly states in the lease that any animal in the house, whether temporary or permanent requires a $250 fee.

    I may have misspoke on one thing.  In the lease, it states payments are due on the 1st of the month.  The property management company that found the tenant for the house (but not managing the property) said that as of the 2nd of the month, the payment is late, eviction can be filed that very day, or tenant is subject to a late fee.  I've been told and read that in North Carolina, that the payment is only late after the 5th day of the month.  Trying to get clarity on this.  Also, if this is true, does it just apply for the late fee, or apply to the late fee and ability to file for eviction?

    Thanks for all help!

    0Reply
  • Bob B.
    Investor · Jasper GA · Member since 2015 · 1k+ posts · 1k+ votes
    9y

    They will continue to be a problem. Get rid of them ASAP and get a good tenant.  You are dealing with way too many problems with this family and it will only get worse.  People are creatures of habit and it sounds like they have a lot of bad habits.

    0Reply
  • Kirk Hanson
    Investor/Licensed Real Estate Broker · Concord, NC · Member since 2015 · 66 posts · 19 votes
    9y

    You can evict due to 'breach of contract' if the rent is paid after the 1st. You may notcharge the late fee until after the fifth.

    I had to evict one last year because the owner wanted the house back. Tenant always paid by the fifth however late is late. Rent is due on the first, past due on the second and late fee applies after the fifth. Magistrate agreed and gave me possession of the house because the rent wasn’t paid on or before the 1st.  

    I am a licensed, NC Realtor and property manager 

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