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Updated almost 4 years ago on . Most recent reply

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14
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5
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Marsha Burks
  • Real Estate Investor
  • Streamwood, IL
5
Votes |
14
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if I prohibit pets by lease for 1 tenant do I need to do for all?

Marsha Burks
  • Real Estate Investor
  • Streamwood, IL
Posted

The lease stipulates 'No pets". However, a very good tenant of 4 years recently asked if she could have a small dog due to feeling lonely from quarantining. I'm ok with granting this. However, I also rent the adjacent attached townhome to a couple for the last 5 months. They pay rent reliably but aren't the best housekeepers, nor ground keepers.  I'm concerned they would ask for the same. 

Am I legally responsible for having the same lease terms for pets for ALL 4 properties in the same community ? These are walkup townhomes. Six townhomes per building. I own and rent out 3 adjacent units.

Most Popular Reply

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1,057
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James Mc Ree
  • Rental Property Investor
  • Malvern, PA
804
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1,057
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James Mc Ree
  • Rental Property Investor
  • Malvern, PA
Replied

You can accomplish this through the terms of an amended lease. You want to create a situation where tenant A can have a dog, but maybe not your other tenants without explicitly saying so. Your pet addendum could have clauses like these (figure out what works):

Tenant is permitted to have 1 dog of {your qualifying characteristics here} in exchange for a non-refundable pet fee of 1/2 month's rent and the tenant's agreement that dog damage does not constitute normal wear and tear on the property, provided that:

1. Property's flooring has not been replaced in the last 4 years.

2. Tenant's tenure in the property is 48 months or greater.

3. Tenant paid rent consistently on-time {or 90% of the time} for the past 24 months.

4. There have been no police, municipal, legal nor maintenance complaints against tenant for tenant-responsible maintenance or behavior in the past 12 months.

Documenting your pet policy now will allow you to flex like this and you can always change your pet policy in the future.

Your rationale here, should you need to defend it, is your pet policy is flexible but protects new flooring (#1), requires a profitable since the pet is likely to do damage (#2, #3) and a tenant who is not a p.i.t.a. (#4); uh, I mean who honors the lease and is well behaved.

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