How to address fish tank in rental?

Question

I have a tenant in Texas who to this day has been great, always pays rent on time, receptive of rent raises, and overall transparent and takes care of the property. Our lease is set to expire 30 Sep 2022 and we renewed starting 1 Oct 22 with 3% rent raise. Today the tenant wrote me apologizing that he made an honest mistake of getting a fish tank a few months ago, which is prohibited per our lease and asks how I would like to handle it and whether I want a pet deposit. I am thinking of amending our upcoming lease with a clause of allowing the tenant to keep the fish and to ask for additional deposit. My concern of course if not the fish, but the tank (not sure of the size) and what happens if it bursts/leaks. What do you guys think? I do asks for pet deposit (tenant does not have any pets and now just the fish) and I do require renter's insurance per lease. Should I amend the lease asking for additional deposit and if so how much? I understand that renter's insurance will not cover damages to dwelling hence my concerns. Thanks.

Bill B. · Answer

If the tank is above standard size (20 gallons) then ask them to get renters insurance and name you as an additional insured. If it’s 20 gallons or less I’d just let it slide sssuming you have a decent security deposit already from this “great tenant”. You already let them off the hook with a 3% raise in an era of 10-20-% rent increase. (Make sue you catch up next year before you get toooo far behind.) but, they were honest about it and it has a 99% chance of being the least destructive pet.

Russell Brazil · Answer

Who cares if a tenant has a fish tank?

Account Closed · Answer

Your Comment: "Who cares if a tenant has a fish tank?"

The fish, haven't you seen "Nemo"?

Bill B. · Answer

Renters policies pay for damage to or loss of their property as well as to your property that they are to blame for. It would also cover housing them in case your property became unlivable.

Ps. I assume you have a landlord’s insurance policy, not home owner’s insurance as It wouldn’t cover a rental property.

Maxim Lorenz · Answer

@Jonathan R McLaughlin haha, no water beds I Hope. Yes, my intent is to have lease amended stating that in case of emergency they are responsible for all damages caused by fish tank. I am still not convinced on what @Bill Brandt is suggesting (perhaps I am idiot) as I understand that my landlord insurance protects dwelling and if I am added to their renter's policy I might be protected in case their fish bites someone. However, I dont understand how adding them to their rental policy helps me with damaged to my SFH.

Jonathan R McLaughlin · Answer

@Maxim Lorenz have them sign something saying that they acknowledge it was an (accidental) lease violation and that they are responsible for any and all damage to your property or belongings, other tenants belongings etc. and any vacancy incurred from damage.

Unless they are a budding icthyologist (dying to use that word in the forums) that ought to do it or at least have them be very careful.

Actually a pretty low risk situation, especially on the first floor. Now a waterbed….

Maxim Lorenz · Answer

@Bill Brandt How does the claim process work if I am added to their renter's insurance? I got home insurance which pays for damages to property, they got renter's insurance which pays for their personal property within dwelling. If I am added to their renter's policy how will it help me pay for floor and drywall repair in the event of fish tank breaking?

Maxim Lorenz · Answer

@Russell Brazil I sure don't care if they have one. I only care if it leaks or bursts and damages that it will cause.

How to address fish tank in rental?

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