Do I HAVE to have the same pet policy for all units in my amplex?

Question

In my 9 unit complex, I recently rehabbed a unit with new carpets and then filled it with a new tenant. A month later, they're asking if they can get a cat. It strictly states in their lease that no pets are allowed however I allowed their neighbor (who I inherited at purchase) to have one without having to pay a monthly fee because the unit hasnt been updated yet and it doesnt have carpet. Should I stick to the lease and not allow it and deal with the "but my neighbor is allowed to" argument or allow it and just charge a monthly pet fee? I can use the new carpet as justification for the fee when they ask why the other tenant isnt paying a fee?

Jimmy Murray · Answer

@Chad Duval In all honesty, based on the area in MA you may be able to charge $50 per month additional for a pet.

Typically what we do is make the tenant verify the animal is up to date with a letter from their vet, verify that the tenant has renters insurance with the pet named as an insured and also have them register the animal with the town/city the property is in. If someone is willing to go through all of that, it is a good sign that they will typically take great care of their pet and great care of the unit.

Bryan O. · Answer

@Chad Duval I would tell them no. You do not not allow pets. I am currently replacing a tenant where I made an exception and allowed 2 dogs. The other tenants have asked about having more than 1 animal "because they do" and I tell them, "No. I have a 1 animal policy. I made an exception once and learned my lesson." They may not be happy with the answer, but they understand.

Thomas S. · Answer

A landlord is entitled to change or modify any lease when renewing provided it does not violate state landlord tenant regulations. Your M2M tenant is renewed every month and therefor, with proper notice, you can make any lease changes you wish.

Another advantage to having all tenants on M2M. A landlord can modify all their tenants leases to effect a entire building in a short time frame.

Andy D. · Answer

@Chad Duval As Thomas S. said, your contracts are of limited term and therefore can be changed very easily (i.e. basically every month) as long as you notify the tenant of the change as per timeframe described in the lease (and/or local laws, whichever applies).

As regards your statement of "making money" on those pets: while I get the idea, you probably won't make any due to the additional wear and tear, if not even damages caused by the animals (as a broad and general statement; I personally know no cat that would ever pee on the carpet unless their owners are reckless idiots and don't properly provide for them). A pet fee won't make you money. It will slightly insure you against additional costs caused by pets.

A general comment: the way you ask and state things I would recommend to consult a lawyer to analyze your needs and wants in relation to local laws and have him set you up with proper leases. I feel like you might run into a few issues down the road otherwise.

Good luck.

Kyle Doney · Answer

@Bryan Otteson Makes sense now. Sounds like a pain..

Bryan O. · Answer

@Kyle Doney in this case, the property is a 3-unit building with a shared fenced yard. Allowing the 3rd tenant to have 2 dogs means they now generate 1/2 of the poo, but they did not feel like it should be their responsibility to pick it up 1/2 of the time. Now there are problems with the other tenants, but how do you prove whose dog is "at fault" for all the extra? "I cleaned it up." "No they didn't." Blah, blah, blah. Additionally, the extra dog is more wear on the yard which is quickly turning to dirt rather than grass.

In this scenario, I learned my lesson. Were this a SFR it would make less of a difference since they are the only ones responsible.

Bryan O. · Answer

@Chad Duval nice, except for it's cats. *shudder*

;)

Chad Duval · Answer

@Andy D., @Jim Murray, @Bryan Otteson What I did was, I sent out a letter to all residents stating that we've changed our pet policy. I'm going to do a lot of what you guys suggested and anyone who is on a month-to-month lease, they'll have to begin paying the pet fee and anyone who wants to get a pet while locked into a lease, they'll have to sign our pet addendum and begin paying the fee as well. I've limited the pets to only neutered cats (with proof from vet) and only one per unit. I think this is fair and helps cover some of the costs associated with the pets, while hopefully retaining tenants longer.

Chad Duval · Answer

Thanks, guys!

Do I HAVE to have the same pet policy for all units in my amplex?

Do I HAVE to have the same pet policy for all units in my amplex?

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