Inherited tenant refuses to sign addendum. What are my options?

[Lettie T.]

I purchased a rental over the summer that was already occupied. The lease and other documents provided by the former PM clearly stated that there were no dogs in the household and that pets would only be allowed after a pet addendum was signed. As soon as I discovered the dog, I asked the renter to sign the pet addendum and started charging monthly pet rent.  I explained to him that until the addendum is signed, he is in violation of his lease. He is paying the pet rent but refuses to sign the addendum. What does this mean for me? Can I still enforce the addendum?

He told me that his dog had been living with him all along, and he did put on his rental application that he had a pet. However, documentation from the previous PM states that he said on more than one occasion that the dog was his ex-wife's, she got custody of the dog, and that the dog would never be at his house. So, he lied either to me or to the previous PM.

He also told me he paid a $250 pet deposit when he moved in. The previous PM doesn't charge pet deposits at all and the documents they gave me prove he never paid a pet deposit. So, he's lying to me about that as well.

His lease ends mid-January, so starting the eviction process now just doesn't seem worth it. Non-renewing would be much easier and less expensive. This is my first inherited tenant, so I'm not sure what to do in this case. Advice and suggestions are appreciated. TIA!

[Scott M.]

As the exsisting lease states that a pet addendum must be filled out prior to allowing pets then yes, the tenant is in violation of the lease and you can enforce that.  

Didn't see what state the home is in so not sure of your eviction restrictions (covid) at this time.  That said, I would agree with you there is no need to evict if all you are missing is an addendum.  Not saying it isn't important or that you shouldn't enforce your lease I am saying in the larger picture the tenant is paying the pet fee.  Not sure what other rules the lease has in place regarding pets like insurance, documentation etc....that may all be part of the addendum.  

Given the lease is up in Jan you can make your stand there if you choose to.  Yes, some will say never renew as they ae breaking the lease and if they do it on this they may do it again and you are showing the tenant he can get away with it.  And while true, I think there is some nuance to be had.  

Before you draw the line in the sand, if that is what you chose to do be sure you can afford and have the crews lined up to do the turn and get it ready for the next tenant.  Not all tenants pay, this one is, pick your battles.