Signed Pet Rent Lease...now registered as emotional support...?

[Nicholas Morgan]

Hello everyone, 

I have tenants who moved into a property back in November 2020 and signed a lease through April 2022. They had two pets and they have signed as part of the lease a section discussing an additional $75/mo in pet rent as well as signed an additional pet addendum. 

I received notice this evening that they have gotten their pets registered as emotional support animals now. 

Do I need to immediately cease the monthly pet rent charge although we have a signed pet rent agreement in place before they became emotional support animals? Since we're changing the lease now, should I inform them we'll need to sign a new lease or amendment that removes the pet rent? If I sign a new lease, can I (should I?) up the house rent to compensate for the lack of pet rent?

I'm certain this is just a ploy to save $75/mo. Which I understand. Want to proceed fairly and most importantly proper in terms of the law. 

Looking for your advice. 

Thanks! 

[Greg M.]

This is exactly why I keep saying that people that charge pet rent are suckers. The pet magically becomes an ESA and the landlord is screwed. Just charge a higher rent overall and allow pets. 

As for whether you need to stop collecting the $75, that depends on how your lease is written. A well written lease would include a $75 charge that allows the tenant to have a pet. That $75 would be due regardless of whether they have a pet or not. 

I'd try responding with "Thanks for letting me know. As you are aware, the lease you signed is for $XXXX in base rent and an additional $75 for my allowing you to have a pet. That $75 is due regardless of whether you have a pet or not, just as the $XXXX base rent is due whether you only use one bedroom or all three. Upon renewal we can discuss adjusting the lease if you no longer feel you will have a pet."