Have pet policies in place before confronting a tenant about an unauthorized pet.
Claw marks on baseboards. Odors clinging to carpets. Frayed curtains. Damage to doors from unauthorized pet flaps. Telltale signs that the renter who recently moved out had a pet in their unit — possibly an unauthorized one.
According to PetFinder.com, landlords who prohibit pets estimated that 7 percent of their tenants kept pets anyway but tenant data showed 20 percent of tenants surveyed were keeping pets illegally. Ouch! That’s a lot of cat scratches in time, money and insurance costs for landlords and property managers.
What do you do if you find tenants hosting an unauthorized pet in your rental unit?
Head to your lease agreement section on pets
If you’ve got a no-pet policy, that’s your first line of defense. But does your lease agreement include language saying you don’t allow pets — even temporarily? Does it say that if a tenant is found with an unauthorized pet you will charge a fine? Does it say that you will evict the tenant? Make sure you’ve got language that clearly defines the policy.
Your renter signed a lease agreement before moving in and should know and understand the rules regarding pets. You should know your goals before approaching your tenant, lease in hand: Do you want the tenant to remove the pet? Do you want your tenant to move out? Or, maybe you want to change your pet policy.
If you allow pets, there might be parts of your agreement that prohibit certain types of pets. For example, many pet policies require a tenant to tell you the animal’s breed, weight and name and give you copies of current vaccinations. Not doing so could put a tenant in violation of your lease agreement.
Keep in mind that for many people, their pets are their children, their “fur babies.” Heck, you might even love dogs or cats or bearded dragons. Removing a person’s pet could be emotional. Be understanding but stick to your lease terms and follow through with the legal procedures you’ve set in place in order to attain the goal you want.
Keep tenants honest
It’s important to you (and a legal obligation) to maintain a safe, clean, livable property. One way to do that and keep an eye out for unauthorized pets is to do quarterly maintenance checks. Let prospective tenants know that you or another employee (properly ID’d) will stop by to test smoke alarms and carbon dioxide detectors, replace furnace filters, check dryer lint traps, etc.
Prospective tenants will be less likely to keep an unauthorized pet if they know you’ll be popping by for a visit.
If you discover an unauthorized pet
There are several steps to follow through on if you find that a tenant has a pet and that it’s clearly a lease violation.
1. Get photographic evidence
Keep in mind that you can’t legally take photos in your tenant’s unit willy-nilly. You need to have just cause, e.g., there’s damage (which you likely noticed on one of your maintenance checks) that you’ll need to repair. Or, you need to replace something. You may legally take photos of the damage because you’ll need to carry out a repair.
2. Send your tenant an official notice stating the lease violation
Let them know your timeline and your goals for their actions. Again, do you want them to remove the pet or have a tenant pack up and leave the premises? Do you want to modify your lease terms?
3. Let tenants know about any fines they incurred
If they’re in violation of the lease, remind them that they’re responsible for any damages caused by the unauthorized pet.
4. Be clear and firm in your notice
Your letter should also state the consequences of their actions if they choose to ignore your directive, i.e., you’ll move forward with an eviction, and they’ll be charged attorney and court fees.
Exceptions to a no-pet policy?
Despite your no-pets policy, you must allow tenants with disabilities, mental or physical, to have service animals. This is because people with a disability require “reasonable accommodation” under the federal Fair Housing laws.
Note that there are differences in the types of helper animals:
Service animals are dogs — and only dogs, according to the Americans with Disabilities Act — trained to help people to perform tasks that they can’t because of a disability. The ADA protects the rights of people who have such dogs. Some states may define service animals more broadly so check your state laws.
According to the American Kennel Club, emotional support animals, such as therapy dogs and comfort animals are not considered service dogs under the ADA. Owners of such animals have limited legal rights. But these pets may qualify under the Fair Housing Act.
Determine a reasonable pet policy
Depending on the type of property you manage, determine your risk and exposure to damage as you consider your pet policies. According to the Humane Society, two-thirds of American homes have pets. Prospective tenants increasingly come bearing four-legged family members.
Check local, state and federal laws to come up with a pet policy that works for you, your tenants and your property.
The information contained in this article is for educational purposes only and does not, and is not intended to, constitute legal or financial advice. Readers are encouraged to seek professional legal or financial advice as they may deem it necessary.
Source: rent.com