Confusing lease re:pets
Originally my leasing agent (not PM) found tenants with 2 cats. Lease was drawn up to include said cats but they bailed before signing. I have read the lease a hundred times and only today noticed something. Please give opinion on language in BOLD. Is dog allowed or not? **Was advertised/leased as a no-pet rental.
9. PET: 2 cats allowed in home. Attached Rider to lease. **(never removed from lease for prospective tenants w/cats and no rider was attached).
A) Unless the parties agree otherwise in writing, Tenant may not permit, even temporarily, any pet on the property, (including but not limited to any mammal, reptile, bird, fish, rodent, or insect).
B). If tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any of the following action: 1 dog to be part of the lease (my highlight)
(1). declare Tenant to be in default of this lease and exercise Landlord's remedies under Paragraph 27;
(2). Charge tenant, as additional rent, an initial amount of $0 and $0 per day thereafter per pet for each day Tenant violates the pet restrictions;
(3) Remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by providing at least 24-hour written notice to Tenant of Landlord's intention to remove the unauthorized pet; and
(4). Charge to Tenant the Landlord's cost to:
a. Remove any unauthorized pet
b. Exterminate the Property for fleas and other insects
c. Clean and deodorize the Property's carpets and drapes
d. Repair any damage to the Property caused by the unauthorized pet
C. When taking any action under Paragraph 9B Landlord will not be liable for any harm, injury, death or sickness to any pet.
Like I said I have NEVER, after reading this lease over and over, ever noticed that bit about "1 dog to be part of the lease". When you look at something so many times I guess we stop "seeing". Tenants came minus a pet but have allowed relatives to bring their pets to the home over the past year. Now a relative has moved in with a dog. Plan on posting notice as soon as attorney signs off on what was going on with the lease. Can still evict for unauthorized persons being moved into the home. Tenants won't respond to our attempts to contact them and try to work things out. Good riddance.