How to draft a "no pets" policy?

Question

Hi I am a first time property owner looking for tenants.

I am writing up my own lease / rules and wanted to know how to state no pets is allowed, and it's penalty and consequences.

I read a few posts on the forums from experienced property owners, and they said the pets will probably be sneaked in anyway.

Do you include a non-refundable deposit clause stating that it is immediately due when a pet is discovered or when it was evident upon moving out?

I understand this will screen out a majority of tenants due to no pets.. but I would like to try the no-pets to start with.

Thanks

Amy L. · Answer

put it in the lease and if they sneak them in, then evict.  It's a breach of contract.

Account Closed · Answer

This is true.  If the service animal causes damage, though, you can go after the tenant to pay for it.  And it has to behave.  You can kick them out if their service dog is dangerous or causes damage.

Also, if they have a restricted breed, and that would cause a hardship (if you'd lose your insurance because one of your tenants had a pit bull, for instance) then you can deny that animal.  HUD will want you to first try and accommodate, but if you can show you can't find affordable insurance, you don't have to take the animal.

This is a great document that explains service animal laws in CA:

http://www.disabilityrightsca.org/pubs/548301.pdf

Account Closed · Answer

No, you have to treat the deposits per law.  You can only charge for rent owed, cleaning to put the unit back into the same state it was in when rented, and damage beyond normal wear and tear.

Pet fees that are not refundable are not legal.  Landlords are doing this, but the first savvy tenant they get that sues them over it - will win.

This happened to my daughter - PM she hired charged pet fees, tenant threatened to sue my daughter over the fees (yes, she fired the PM) after consulting with the lawyer she worked for, and my daughter had to reimburse them.

Get the book.  It's cheap.  Has all the forms you'll ever need and answers all CA landlord questions.

If you charge fees that are not allowed, and a tenant sues you, the judge may decide it was done in "bad faith," and then you can pay punitive damages of up to twice the amount of the deposit, pay their court fees, and return their full deposit, and all the pet fees.

It's also advised to not call a separate amount a "pet deposit," because you can be limited to how you use that money.  What if the damage was people damage?

You can legally charge twice the amount of rent for a deposit.  So, what you could legally do, is tell tenants with pets that the total security deposit is two months rent, instead of the usual one month's rent, for instance.  That would be legal.

Account Closed · Answer

No non-refundable fees are allowed in CA.

Just put in your lease no pets are allowed and just give them a 3 day notice to get rid of it or move, as was mentioned above.

Get this book.  It includes contracts and all the forms you'd need and the CA law.  Easy to understand.  You can even download it.  Only around $35.  Written by CA lawyers:

http://www.nolo.com/products/the-california-landlo...

Even if you allowed pets, they'd sneak more in LOL!

Maximum security deposit you can charge is 2x rent for unfurnished, 3x for furnished.  And any fee of any kind will be considered part of the security deposit.  No non-refundable fees allowed, except the application fee with can only be $42ish, and even that is supposed to only be your actual out-of-pocket costs.

Assuming your property is in CA.

Dawn Anastasi · Answer

I have been told that if you wouldn't charge more for someone in a wheelchair, you can't charge more for someone with a service animal.  You need to treat the service animal like a piece of medical equipment.

James R. · Answer

Make sure that you also write in your lease "no dog or cat sitting"  I had tenants who argued with me that they never had a dog and that they were just dog sitting.  Unbelievable!

Account Closed · Answer

touche! additional monthly fee for pets (ie if they are found to be sneaked despite the building having a strict NO PET policy. but not for service animals.

Matthew Paul · Answer

Big letters on the lease and in your ad .    NO PETS

Jeremy H. · Answer

Yes, this is a property in CA.   Thank you..

So no non-refundable deposit.  But, if pet(s) are found, can the deposit be forfeited?

If I decide to allow pets, how should I charge for potential damage?  I know most people add $25-$40 for pet rent per month, this is not anything that would really help the additional wear and tear in a one year lease.

Account Closed · Answer

i say no pets, no exceptions.. except licensed 'service' and 'support' animals verified by th prescriber, at additional monthly fee due to added use.

How to draft a "no pets" policy?

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