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Peter Assaad
  • NYC, NY
22
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50
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Tenant showed up w a dog

Peter Assaad
  • NYC, NY
Posted

Rented out our condo in Chicago, unbeknownst to us, they have a dog. Our lease specifically states ‘no pets allowed’ - have not asked if it is an ESA- just confused as to how this wouldn’t have been brought forth by the real estate agent they worked with or themselves while signing a lease that states no pets. My understanding, and maybe someone can educate me further, is that even an ESA needs to be presented up front with documentation of the animal serving such a purpose.

Family otherwise seems sweet. What have people done in this situation or advise that we do?

Thanks in advance :)

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Benjamin Sussman
  • Investor
  • San Diego
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Benjamin Sussman
  • Investor
  • San Diego
Replied
I've dealt with the exact same thing in my Chicago properties—same lease language, tenant showed up with a dog we knew nothing about. Here's what I've learned: **First, on the ESA claim:** You're absolutely right that a legitimate ESA requires documentation presented *before* move-in. If they claim it's an ESA now, that's a red flag. Ask them to provide current ESA documentation from a licensed healthcare provider. Most won't have it, which tells you everything. **On the lease violation:** Your lease is clear. You have legal standing to enforce it. Options: 1. **Direct conversation first** (sounds like they're reasonable): "We noticed the dog. Our lease says no pets. We need you to either remove the dog, add it to the lease with a pet deposit/fee, or we'll need to pursue eviction." See if they'll cooperate. 2. **Pet addendum + deposit** (if you're open to it): Some landlords add a pet clause with additional monthly rent or deposit. Protects you going forward. 3. **Cure or quit notice** (if they won't cooperate): Your next legal step. Document everything—photos, communications. **Key point:** Don't let this slide. Early action sets the tone. The longer you allow it, the harder it gets to enforce later. Are you open to having a pet in that unit if they pay extra, or is it a hard no across your portfolio?

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