Help "Evicting" Cats - How to Enforce a Pet Agreement

[Seth Galligan]

Short Story

I decided to allow 3 cats in a unit. The tenants signed a pet agreement that states the pets must be house broken and I am finding cat pee on the floor when I do inspections. I sent them one warning and then, after finding the situation did not improve, told them they had 10 days to get the cats out. Unsurprisingly, I woke up to some angry voicemails claiming the cat pee was water. I could use some tips on what to do now to enforce the agreement. I want those cats out!

Longer story

I recently moved my family out of our home and into a duplex that we are currently house hacking. We rented out our former home to a group of late twenties/early thirties men. Two of the men requested that their cats be allowed on the property. I agreed, but had them pay a $400, non-refundable pet fee and sign an addendum to the lease. It seems like a pretty good doc; the agreement states, among other things, that pets must be housebroken and may not cause damage to the property. It also states that if "in the Owner's sole judgement" there is a violation of the agreement, the pets will be immediately and permanently removed, upon written notice from the owner. So, from a contract/lease/legal perspective, I am feeling pretty solid.

The issues are coming in actual enforcement. During a recent inspection, I fond vomit and urine on the basement floor. The litter boxes were also pretty gross. I sent written notice of the issues and warned that if things did not improve, the cats would have to go. A few weeks later, I went back and found 4-5 puddles of cat urine on the floor and the boxes had slide back into their previous gross state. I sent a note saying that, unfortunately, the cats would have to go as the situation was now in breach of our agreement. Since they have only been in there for 6 weeks, I offered to refund 50% of their pet deposit.

Today, I woke up to angry voicemails. I guess it really should be no surprise that this is not going to be easy. The tenants are claiming that the cat urine I found was water. I lived in the property through one of the rainiest springs in 100 years, so I know where water can get into the basement. Water does not get in where I found the urine. Also, I am a cat owner. I got down on my hand and knees and smelled the puddles. There is no mistaking cat pee!

What to do now?

Has anyone had to deal with a cat "eviction?" How did you handle it? What if the tenants refuses?

Any help or advice would be most appreciated!!!