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Sue K.
  • San Jose, CA
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Would you consider a Don't Feed Feral Animals clause?

Sue K.
  • San Jose, CA
Posted Mar 28 2015, 10:26

I don't manage property anymore, but if I did and I rented using leases, I think I would add a clause regarding no feeding of feral animals allowed, as a means to evict tenants who do this, under a breach of contract.

The apartment building I live in (55+ low income seniors), has several tenants who go out at night and feed the feral cats and racoons.  Therefore, they are all over the place and often in the dumpster right outside the back door where I take my dog out and go to my car.  Some of the racooons are huge and scare me to death.  And they're not afraid of people.

I don't have to deal with the mess, as I'm just a tenant now, and I don't have to deal with any damage to a yard or plants - I don't have a yard or even a balcony.  But, the racoons honestly scare me.

Another place I rented, as a tenant, many years ago was a four-plex and I did have a balcony, but it wasn't reachable by the feral cats one of the downstairs tenants fed.  So, again, no damage to me.  But, the noise!  Sheesh!  They screeched all night mating and fighting.

But, I know that feral cats and other animals can cause damage, and if a feral animal bites a tenant or guest, or even their dog, it seems there could be some serious liability issues.

I have chosen not to report the tenants in my building, as I bet the manager already knows.  I expect to be here many years, and don't want any bad feelings with fellow tenants.  And I know they mean well.  I now take my dog out at night via a different door, to avoid the dumpster area.  But, one couple also told me that another tenant, supposedly, hides 5 cats in her apartment that are "feral," so she doesn't consider them to belong to her.

But, I'm curious as to whether or not any of you landlords have had issues with feral cats and other feral animals being fed by tenants, as far as damage or noise - or as an excuse for the tenant to say they don't have an official pet (or too many pets) - because they are "only" feeding feral animals?

And have you or would you include a clause about this in your leases?  What has been your experience regarding this issue?

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