New landlord, tenants have dogs. I don't allow dogs. Now what?

Question

I'm a new owner of a multi unit property in Albany, NY.

For insurance and liability reasons I am not allowing dogs.

Two of my tenants currently own dogs which the previous landlord allowed.

What are my options and how do seasoned landlords recommend I approach this situation. They are currently on a month to month basis with no lease. I am also afraid if I ask them to leave they will stop paying rent all together and I'd be stuck with both unpaying tenants with dogs during this eviction ban. Any thoughts?

Russell Brazil · Answer

When you buy a property, you inherit the leases of those tenants. You need to accept the agreement as it already stands regardless of whether you want dogs or not.

Account Closed · Answer

That's a rough one. It's a financial call, if it's for insurance reasons. You can change your policy to allow dogs and offer them the option to stay for that yearly premium increase/12/Month. You can also say tough luck (nicely), but they are on a lease and there's a new Sheriff in town. Them's the breaks when you rent. And lastly it kind of depends on the dog, doesn't it? Are we talking about some Za Za Gabor Yorkie about the size of a large insect on hardwood floors, or are we looking at Cujo on carpet?

Gavin Adams · Answer

How much more would it cost for your insurance to include coverage for tenants with pets? Once you know that, you can always raise the tenants' rent by however much the insurance would go up. You can either explain your side (liability and coverage etc.) or just do it without explanation as the new landlord. If I was in the tenant's shoes, I would prefer an explanation f you were to raise my rent. If the tenants do not agree with a rent raise, you could look into giving them a 30-60 day notice to move out.

Kyle J. · Answer

@James Lubin Since you’re the new owner, and they’re just month-to-month tenants as you originally said, then you can change the terms of their tenancy - to include no longer allowing dogs. You just need to give them proper notice (generally 30 days). The previous rental agreement was with the previous owner, and you’re allowed to change it (since they’re MTM tenants). They can then decide to accept the changes and stay (thereby continuing the tenancy under those new terms), or give you notice and move out.

Nathan Gesner · Answer

They are on month-to-month agreements. Give them the mandatory notice to terminate their lease and get them out. You don't have to explain why or make excuses. Just say their lease is up, get rid of them, clean the places up, and start fresh.

Adam Martin · Answer

This one comes down to a judgement call on your part. As for the liability aspect I understand for the pitish looking dog but I really don't know what kind of damage the boston terriers could do as far as hurting someone and if the house has been in good shape to this point I don't know if I'd rock the boat. At most I would wait this out until the moratorium is over and then get rid of them one at a time to avoid vacancy, first the pit then the boston terriers so you don't have 2 vacancies at once. I wouldn't put myself in a position to tell them to leave with no way to enforce it. Don't tell them it is because of the dogs or they very well may become emotional support animals overnight. Just say you are looking to do some renovations to increase rent, make some minor upgrades andget some tenants that meet your qualifications.

James Lubin · Answer

Thanks for all the replies so far. They are currently not under any lease agreement, so they are basically month to month. I just closed on the property. I reviewed their prior lease, on tenant has 2 boston terriers and the other tenant has a mix breed that "resembles a pit bull."

Karl B. · Answer

If I was in this situation I'd make them get a million dollar renter's insurance policy with your name added to the policy. That way you're covered if the dog bites someone and I think that's preferable to telling them to either move or get rid of the dogs (chances are they'd move).

Theresa Harris · Answer

If you bought it and they had the dogs already under the previous owner's lease, you are going to have problems. Find out how much your insurance goes up if they have dogs and get them to sign a new lease.

Tina Tsysh · Answer

Were the tenants already in place before you purchased the property or did you move them in? If they have been there before you purchased the property, ask for their signed lease and see what it says about dogs and animals. If their lease allows pets, you would have to change your insurance policy because you cannot evict tenants if they didn't break the lease. On the other hand, if their lease says no pets allowed, then you can give them a notice to vacate the premises on the ground that they violated the lease agreement. For your next tenants just make sure to do more due diligence. Good luck!