Lease violation, tenants have 2 dogs, only one was in the lease

[Fausto Suriel]

hi,

Im very new to rental properties and thanks to Brandon Turner and his books i wil be in the game for the long run.

My issue is the following; I just found out my tenants have an extra dog and person living in the apartment that were not part of the lease. We agreed to 1 companion dog only. But today i was doing some work around the house and saw this new person walking this dog. I asked the neighbors upstairs to make sure they were not just visiting. They have been there for about 3 weeks now, according to the neighbors. I have not confronted them yet because im not sure what is the right thing to do.

These tenants are ALWAYS early (10 days) with the rent, although they do complaint about any little thing (even when visitors ring their bell by mistake) and are not the cleanest. 

What would be the right move here? I was thinking about asking them to move out  the dog and extra person or terminate their lease which has 9 months left. Would i be entitle to any of the deposit? Since they’re the ones in violation.

Thank you 

[Bettina F.]

This is a case of know your lease and know your laws.  In my properties, the tenants would be violating two provisions -- an unauthorized resident and unauthorized animal.  I would serve a Cure or Quit notice per my local laws, and then, after the "cure" period, post a notice to enter.  24 hours later, i enter and inspect the apartment to make sure the situation is resolved.

If resolved (it usually is) everyone smiles and moves on, but in reality I keep a closer eye on the tenant.   Usually once caught, the tenants know I actively manage the apartments and follow rental agreement provisions.  

If not resolved, then I would give a 30 day notice to vacate, clean and re-rent.   This is why I do month to month rental agreements on my apartments.    I don't even get angry at the tenants -- if my apartments no longer meet their needs, they are free to go (with proper notice) and find some place that meets their needs.  I charge the security deposit for damages, and my apartments are easy to turn over, so I rarely even lose money.  I am in an area with rising rents, so the market is in my favor.  

I then add the scenario to my LL speech as a cautionary tale to the next tenant.  "You know, this apartment is only available because the last tenant moved in an unapproved roommate,  Please read the rental agreement rules.  We take them seriously so this stays a nice place for everyone."