Animal / Tenant Rights

Animal / Tenant Rights

Investor · Midwest · Member since 2019 · 353 posts · 230 votes

Good Evening, 

Issue: Tenant was arrested, but we can't remove the animals

Background: We have a tenant who was arrested, her two cats and dog are still in the apartment. We've called animal control and code enforcement who've stated we can't remove the animals despite no one is there to feed or care for them. Animal control claims the tenant called them from jail and stated someone is going by to feed them. If we remove them without an eviction / set-out order from the court it's a violation of her civil rights and a felony charge for anyone who removed them. 

Meanwhile our hallway stinks, and we've stopped showing the apartment above hers because we don't want prospective tenants to experience the current condition. 

We've started the eviction process. 

Anyone face a similar situation / have a suggestion? 

What clause if any do you have in your lease that would prevent this situation (besides a no pet policy)? 

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  • Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
    3y

    That is rough.  I’d call the police to file a report of animal neglect since if it is this noticeable the animals are living in a situation that is not fair to them or you.  I’d follow up with a call to the humane society after you have the report to see if they can confiscate the animals.  

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