All Forum Posts by: Brian R.

@Ned J.

Let's just agree that any judge can decide not to enforce any clause in any lease that adds any penalty or fee. This much is certainly true. This does not mean that it is not enforceable by any other judge who decides to enforce it. Some judges might think its unreasonable and some might say it's what the tenant agreed to so I see no problem with it. It also doesn't make it illegal to have in your lease. It is also a very good deterrent.

@Ned J.

Since there is no way to know when the animal was brought into the property our lease assumes it was there from the beginning of the current lease.

I'm assuming you give notice of entry into your properties. It's not that hard to take an animal to a friend's house for a few hours when they know you are coming.

Yes maybe they will get caught, but then what?

They say oops we just got it yesterday and forgot to tell you.

I'm not looking to punish anyone, but I'm not wanting to get played either. I hope I never have to enforce it but if it ever happens I will. If they don't pay it they will be served a Pay or Quit.

@Ned J.

So if you enter into a loan contract and there is a clause that says if you make a conscious decision to transfer title into your LLC then I guess the bank wouldn't be allowed to call the loan due? Because that's a lot more than a late fee.

OK, it's not exactly the same thing but if you enter into a contract and agree not to do something and then make the decision to do it anyway..... the consequences are spelled out in advance. It's a deterrent. Because it seems excessive to you doesn't mean it won't hold up in eviction court.

This clause doesn't take advantage of anyone and no one is forced to live under these rules. They choose to sign the lease.

Here is the section on Animals from my lease. Now the "you can't do that" comments may commence.

 ANIMALS: 21. Animals, birds, or pets of any kind shall not be permitted inside the residential unit
at any time unless the prior written approval of Management has been obtained. If it is
determined by management that pets are being kept on the premises management will
have the option of eviction or imposing an increase in rent retroactive to the first month
of the rental agreement in the amount of $150 (ONE HUNDRED FIFTY DOLLARS) per
month. The retroactive amount which is due from the months already past from the
beginning of the current rental agreement to the present month will be due
immediately. If the past due amount is not paid within TEN DAYS of verbal or written
notice by management you will be in violation of the lease agreement and the eviction
process will be started at the discretion of management. A request for an
accommodation for an emotional support animal must be made and granted by
management before any animal may be brought onto the premises. A doctor who has
seen the tenant in person and diagnosed the need for such animal must fill out the
FORM PROVIDED BY MANAGEMENT. The request must be granted by management
before any animal may be brought into the home. Certifications purchased and or
produced by anyone, other than a doctor who has seen tenant in person and diagnosed
the need for such animal, will not be accepted.

@Jonathan Watt

Good call on the blacklight. Hadn't previously thought of that.

Thanks

@Mary Mitchell

May not be enforceable but certainly not worried about getting sued for it.

@Mary Mitchell

I'm not sure how the courts work in your state but don't think anyone is winning lawsuits claiming they weren't allowed to bring in unauthorized pets because the mean landlord thought far enough in advance to put this clause in his lease.

@Ned J.

Well you may be right but around here judges use common sense and we don't have draconian tenant laws. It is a conscious decision to bring a pet in so there's no excuse they could make. It's not like an accident happened and I'm nailing them with some fee because of it. I'd say it's better than 50/50 chance in court and 100% chance of it making them think twice.

@Jack B.

I have put into my lease that if at any time during the lease it is discovered that they have unauthorized pets that their rent goes up $150 retroactive back to the first month of their current lease. Due immediately. Since I don't know how long they have had them. Never had to enforce it.

@Sam Abe

If it were me I would evict the Tennant you rented to and all other occupants. Since they allowed this and did not turn over possession to you.