Didn't include no-pet clause In the lease - could be problematic

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Didn't include no-pet clause In the lease - could be problematic

Marshall Rousseau
Member since 2021 · 30 posts · 2 votes

This has not yet developed into an issue, but I feel like I may have screwed myself over. The tenant knows that she is not allowed own any pets on the property because it was made clear in person and when the unit was being advertised.  However; I did fail to include it in the lease. although, I don't think she is aware that its missing from the lease. I discovered that it was missing after she texted me to ask if her friend (who owns a dog) can come stay the night (dog included) one to two times a month. I was going to reply that, per the lease, I do not want a dog staying overnight on a reoccurring basis. (I would be lenient if it was a one time thing). I was about to text her back when I decided that I should check the lease first.... and low-and-behold I did not include anything that specifies pets are not allowed. I use aprtments.com and they do not currently allow lease templates, so I have to make one from scratch every time and this time it was missed. 

How should I proceed? Can I still tell her no and hope that she doesn't realize that legally she can do whatever she wants? - do I tell her yes, so that she doesn't feel the need to look into the details on the lease .  Am I honest with her an say its not specified on the lease, but it should be and that i am (or am not) ok with her having her friends dog over, but I want her to sign an amendment saying no pets are allowed?  Not sure what the best path forward would be and I would appreciate any advice!

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y

Anything in writing will be sufficient, particularly if you can get the tenant to acknowledge it. This could be a formal addendum, or it could be an email or even text.

"Dear Jane, I'm sorry but your friend will not be allowed to bring the dog. As we've discussed before, this is a "no pet" property and that includes animals visiting, even for short periods of time. Thank you for understanding."

Pro tip: over 50% of all renters have at least one animal. The vast majority of animal owners are responsible people. Because pet-friendly properties are harder to find, you can charge a premium. Tenants are willing to pay more and stay longer. With 400 rentals managed, I seriously can't remember the last time an animal was responsible for causing more damage than the deposit would cover. It's been many, many years.

Instead of rejecting them, figure out how to monetize them and increase your earnings.

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  • Danielle Jackson
    Phoenix, AZ · Member since 2021 · 504 posts · 282 votes
    4y

    If it were me, I would work to get the addendum signed. Hoping she doesn't figure it out isn't a great path forward. What kind of relationship do you have with the tenant? 

    0Reply
  • Marshall Rousseau
    OP
    Member since 2021 · 30 posts · 2 votes
    4y

    Good relationship.  I think it was a good sign that she asked... although maybe that was just because I live on site and would likely notice anyways. She is still a new tenant though. She's on a year long lease that started early January. 

    0Reply
  • Marshall Rousseau
    OP
    Member since 2021 · 30 posts · 2 votes
    4y

    I'm leaning toward that approach, but am hesitant because I learned the hard way a year ago that if the tenant turns out to be a bad egg, the less they know, the better. 

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    Anything in writing will be sufficient, particularly if you can get the tenant to acknowledge it. This could be a formal addendum, or it could be an email or even text.

    "Dear Jane, I'm sorry but your friend will not be allowed to bring the dog. As we've discussed before, this is a "no pet" property and that includes animals visiting, even for short periods of time. Thank you for understanding."

    Pro tip: over 50% of all renters have at least one animal. The vast majority of animal owners are responsible people. Because pet-friendly properties are harder to find, you can charge a premium. Tenants are willing to pay more and stay longer. With 400 rentals managed, I seriously can't remember the last time an animal was responsible for causing more damage than the deposit would cover. It's been many, many years.

    Instead of rejecting them, figure out how to monetize them and increase your earnings.

    The DIY Landlord Book4.7244 Reviews
    WebsiteView Page
    5Reply
  • Marshall Rousseau
    OP
    Member since 2021 · 30 posts · 2 votes
    4y
    Quote from @Nathan Gesner:

    Anything in writing will be sufficient, particularly if you can get the tenant to acknowledge it. This could be a formal addendum, or it could be an email or even text.

    "Dear Jane, I'm sorry but your friend will not be allowed to bring the dog. As we've discussed before, this is a "no pet" property and that includes animals visiting, even for short periods of time. Thank you for understanding."

    Pro tip: over 50% of all renters have at least one animal. The vast majority of animal owners are responsible people. Because pet-friendly properties are harder to find, you can charge a premium. Tenants are willing to pay more and stay longer. With 400 rentals managed, I seriously can't remember the last time an animal was responsible for causing more damage than the deposit would cover. It's been many, many years.

    Instead of rejecting them, figure out how to monetize them and increase your earnings.


     Thank you! And that is great advice. do you know if this would still fly in California? I have a feeling if for some reason this was made into a big deal, their wouldn't be a judge in the state that would side with me. 

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Marshall Rousseau:

    Being in California is one more reason why you should allow pets. Evicting someone for violating a no-pet policy would be difficult and expensive. Why not take the argument away by letting animals in and earning some extra money? You should obviously set limits to the number/size/type of animal, but make some cheese! If you allowed no more than two animals, each under 20 pounds, and charge $100 per animal, I bet you could still find plenty of applicants. That's an extra $2,400 a year. If you're still concerned about damage, charge a really high deposit on top of it.

    If you insist on forbidding animals, consider expanding on your no-pet policy to include "visiting animals" and some hefty fines for violations:


    1. ANIMALS. No mammal, reptile, bird, fish, rodent or insect shall be permitted on the Premises, even temporarily, without prior written approval from Landlord. Animals must first be registered with Petscreening.com and approved by Landlord prior to placing on the Premises. An unauthorized animal shall result in a violation fee of $200 per unauthorized animal. Tenant will be charged an additional $50 per animal, per day, until compliance is verified by an in-person inspection.

    Are you still reading? The best thing you can do is buy "Every Landlord's Legal Guide - California Edition" by Nolo. Make sure it is the California version! Full of practical advice, sample/editable forms, and points you to the specific laws (updated annually). You should also consider joining the California Apartment Association. It will probably cost you less than one hour with an attorney and can save you a lot of headache. 

    The DIY Landlord Book4.7244 Reviews
    WebsiteView Page
    0Reply
  • George Azita
    Los Angeles · Member since 2022 · 97 posts · 96 votes
    4y

    Since pets are not mentioned on the lease then pets are not allowed. I would look at the problem the same as when the lease indicates the number of persons named on the lease who are allowed to reside in the rental unit. If tenants are not listed on the lease they are not allowed to live in the unit. If pets are not included in the lease they are not allowed to live in the unit. 

    Of course, you also have the problem with Companion Animalls where your your tenants can bring goats, chickens and horses in your unit and you can't do nothing to stop them. I have a clause in our Lease Agreement that states that any tenant who wants to bring in a Companion Animal must get approval directly through our attorney and so far this has deterred every tenant from pushing us to accept Companion Animals.

    I am guessing they your tenant is claiming he (or she) wants to bring in a friend's pet only a few times a month, but the pet will be their permanently and every time you see the pet your tenant will tell you it just happens to be that time of the month when the pet is visiting. Just say no and nip the problem in the bud.

    1Reply
  • Mike Dymski
    Investor · Greenville, SC · Member since 2016 · 5k+ posts · 13k+ votes
    4y

    Nice work in figuring out as you go.  Beats the heck out of figuring out what to put in your lease but no property owned.

    1Reply
  • Marshall Rousseau
    OP
    Member since 2021 · 30 posts · 2 votes
    4y
    Quote from @Nathan Gesner:
    Quote from @Marshall Rousseau:

    Being in California is one more reason why you should allow pets. Evicting someone for violating a no-pet policy would be difficult and expensive. Why not take the argument away by letting animals in and earning some extra money? You should obviously set limits to the number/size/type of animal, but make some cheese! If you allowed no more than two animals, each under 20 pounds, and charge $100 per animal, I bet you could still find plenty of applicants. That's an extra $2,400 a year. If you're still concerned about damage, charge a really high deposit on top of it.

    If you insist on forbidding animals, consider expanding on your no-pet policy to include "visiting animals" and some hefty fines for violations:


    1. ANIMALS. No mammal, reptile, bird, fish, rodent or insect shall be permitted on the Premises, even temporarily, without prior written approval from Landlord. Animals must first be registered with Petscreening.com and approved by Landlord prior to placing on the Premises. An unauthorized animal shall result in a violation fee of $200 per unauthorized animal. Tenant will be charged an additional $50 per animal, per day, until compliance is verified by an in-person inspection.

    Are you still reading? The best thing you can do is buy "Every Landlord's Legal Guide - California Edition" by Nolo. Make sure it is the California version! Full of practical advice, sample/editable forms, and points you to the specific laws (updated annually). You should also consider joining the California Apartment Association. It will probably cost you less than one hour with an attorney and can save you a lot of headache. 


     thanks ill look into the legal guide. I may change my pet policy in the future. These units are close together and the tenant are paying non-pet owner rates. 

    0Reply
  • Marshall Rousseau
    OP
    Member since 2021 · 30 posts · 2 votes
    4y
    Quote from @George Azita:

    Since pets are not mentioned on the lease then pets are not allowed. I would look at the problem the same as when the lease indicates the number of persons named on the lease who are allowed to reside in the rental unit. If tenants are not listed on the lease they are not allowed to live in the unit. If pets are not included in the lease they are not allowed to live in the unit. 

    Of course, you also have the problem with Companion Animalls where your your tenants can bring goats, chickens and horses in your unit and you can't do nothing to stop them. I have a clause in our Lease Agreement that states that any tenant who wants to bring in a Companion Animal must get approval directly through our attorney and so far this has deterred every tenant from pushing us to accept Companion Animals.

    I am guessing they your tenant is claiming he (or she) wants to bring in a friend's pet only a few times a month, but the pet will be their permanently and every time you see the pet your tenant will tell you it just happens to be that time of the month when the pet is visiting. Just say no and nip the problem in the bud.


     Thanks. I pretty much took your advice. I told her I'm flexible if its a one time occurrence if she lets me know ahead of time, but I do not allow reoccurring overnight pet stays. 

    0Reply
  • Marshall Rousseau
    OP
    Member since 2021 · 30 posts · 2 votes
    4y
    Quote from @Mike Dymski:

    Nice work in figuring out as you go.  Beats the heck out of figuring out what to put in your lease but no property owned.


     Lol! I  was figuring out what to put in my lease long before I bought my first property. But figuring things out doesn't do much good if you forget to put it in lease. I think their is merit to what nathan was saying. A strategy I thought of after I bought my current place was to buy a place with no close neighbors and specifically target dog owners. There was one lady that almost rented from me a year ago who had 3 huge dogs and was willing to pay a lot extra, but I decided against it because, again that unit was in close proximity to my other units. 

    0Reply
  • Markis R Kelly
    Investor · Cary, NC · Member since 2019 · 25 posts · 29 votes
    4y
    Quote from @Nathan Gesner:

    Anything in writing will be sufficient, particularly if you can get the tenant to acknowledge it. This could be a formal addendum, or it could be an email or even text.

    "Dear Jane, I'm sorry but your friend will not be allowed to bring the dog. As we've discussed before, this is a "no pet" property and that includes animals visiting, even for short periods of time. Thank you for understanding."

    Pro tip: over 50% of all renters have at least one animal. The vast majority of animal owners are responsible people. Because pet-friendly properties are harder to find, you can charge a premium. Tenants are willing to pay more and stay longer. With 400 rentals managed, I seriously can't remember the last time an animal was responsible for causing more damage than the deposit would cover. It's been many, many years.

    Instead of rejecting them, figure out how to monetize them and increase your earnings.


    This right here is it. I try to never turn away someone with a pet if I can help it. I do charge more for that and require an additional deposit for the pet assuming I have not already collected 2 month worth of rent for the deposit to begin with. This also allows you to get them to sign a new lease/addendum with the terms of the pet if you had not already done it.
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