Dog issue - Tenant moved in puppy without consent!

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Dog issue - Tenant moved in puppy without consent!

David Huynh
Investor · St. Paul, MN · Member since 2014 · 109 posts · 37 votes

Hey BP members,

I purchased an 8 unit that allows dogs & cats under 35 pounds. One of my tenants is currently paying the pet fee of $35 for her one dog but wants to bring in another dog (German Shepard) and I told her that it was not okay because the animal will be larger than 35 pounds before the end of the lease (6 more months). She informed me that she does not care and that she is not "breaking any rules" because the animal is under the 35 lb weight restriction and will pick up the puppy in a week or two.

I politely informed her that the partners and I find it unacceptable and that they must be vaccinated and have previous rental history or OK from another landlord. We do not want to make exceptions for certain tenants and then have others upset that they were not allowed the same circumstance. 

How else should I approach this situation? 

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Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
10y

You also need to modify your lease for further protection. Insurance wise you need to include language to exclude certain dangerious breeds. Your insurance company will back you up on this.

For now your lease is not sufficient and depending on your state regulations a eviction my not hold up. Go on line and get a copy of your state landlord tenant regulations and see what it says about dogs and evictions in general.

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  • John Van UytvenPro Member
    Property Manager · Oconee, IL · Member since 2014 · 536 posts · 202 votes
    10y

    @David Huynh

    What is in your lease?

    Do you have a pet addendum?

    All states differ on these legal issues. I recommend talking to a lawyer.

    We charge them a fine, and then the dog has to be off property.

    If they don't pay the fine by the next round of evictions we evict them.

    The tenant knows the rules and is actively trying to violate the rules.

    If you let this slide, other tenants will start to do the same.

    1Reply
  • David Huynh
    OP
    Investor · St. Paul, MN · Member since 2014 · 109 posts · 37 votes
    10y

    The lease does not state very much, besides allowing of animals under 35 lbs. Which could be of benefit or not. I would be okay with it, given it was around that weight and was not a pup. I will review the lease again. 

    0Reply
  • David Huynh
    OP
    Investor · St. Paul, MN · Member since 2014 · 109 posts · 37 votes
    10y

    Pets: (are) (are not) permitted with a $35.00 fee. Special Provisions relating to pets: Must be under 35 lbs. 

    This is all that it has in the lease in relationship to animals. 

    0Reply
  • Lauren H.
    Investor · Colorado Springs, CO · Member since 2014 · 77 posts · 54 votes
    10y

    I suggest serving a Notice right away. In Colorado it is called "Demand for Compliance or Right to Possession". I can't give legal advice, but this is the notice that I use for late or nonpayment of rent. Colorado has a built-in 3-day grace period, so I do not allow any extra grace period in my lease. 

    It sounds like the tenant's "I don't care" attitude puts her in the category of people that are NOT your customer. Make sure she has the right motivation to move at the end of the lease by serving Notice of Increase in Rent (use your state's Demand for Compliance and modify it in Word). If she complies on the dog issue, give her a substantial rent increase per your state's timeline. If she doesn't comply on the dog issue, serve Notice of Nonrenewal, basically telling her that she needs to move when the term is up. 

    That's just what I would do. A few paralegal classes at your local community college can do a world of good in figuring out the court system and navigating the legal mumbojumbo! 

    1Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    10y

    You also need to modify your lease for further protection. Insurance wise you need to include language to exclude certain dangerious breeds. Your insurance company will back you up on this.

    For now your lease is not sufficient and depending on your state regulations a eviction my not hold up. Go on line and get a copy of your state landlord tenant regulations and see what it says about dogs and evictions in general.

    3Reply
  • Seth Todd
    Real Estate Agent · Nashville, TN · Member since 2015 · 36 posts · 4 votes
    10y

    Give a 3 day compliance notice. I would think she would rather not get the puppy than get a notice to appear in court at some point.

    0Reply
  • Jeff B.
    Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    10y

    I've gone to a NO PETS policy and still someone pulled this stunt.  When walking outside I could hear the pup barking.  Called and asked "How long have you had the dog?" (notice, not do you have a dog).  Tenant fessed-up and I said the dog must be removed or I'll have to evict you and that's sad as you've been a good tenant.  Understand my position, if you get a dog, then I'll have to allow ALL others to have dogs too."  Problem solved (for me at least).

    2Reply
  • David Huynh
    OP
    Investor · St. Paul, MN · Member since 2014 · 109 posts · 37 votes
    10y

    The compliance will probably be something I can stand on. 


    It's the poor attitude she has, I'm OK with finding a new tenant. She is complaining now that she lives in a crap apartment and a dangerous area. This property is in the nicest school district of all of the state of Wisconsin, in one of the better neighborhoods. It would be preferable if we were on OK terms before she left but it's unacceptable to me for people to make their own decisions after a discussion. 

    1Reply
  • Todd Plambeck
    Agent/Investor · Murphy, TX · Member since 2013 · 542 posts · 304 votes
    10y

    The dog is under 35lbs, isn't it?  You need to abide by the terms of your lease until it is over 35lbs.  Sounds like she found a loophole and you will mostly likely have to live with it.  You can try and evict her if you like but if I were her, I'd show up at eviction court with a puppy, a bath scale, and a copy of the lease.  I would wager heavily you'll lose that one.  You need to update your lease as was suggested in an earlier post. 

    1Reply
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    10y
    Originally posted by @Todd Plambeck:

    The dog is under 35lbs, isn't it?  You need to abide by the terms of your lease until it is over 35lbs.  Sounds like she found a loophole and you will mostly likely have to live with it.  You can try and evict her if you like but if I were her, I'd show up at eviction court with a puppy, a bath scale, and a copy of the lease.  I would wager heavily you'll lose that one.  You need to update your lease as was suggested in an earlier post. 

    I am not sure I agree. There is literal interpretation and there is intent behind the clause. Logically this weight limit is referring to the adult weight. She knows it very well. So what is she saying? Is she saying that when the dog gets to 35 pounds, she will get rid of it? Is she saying she will move out? Conversely if someone moved in with an adult dog that was 34 pounds, then it gained weight and was 38 pounds, I would not expect the owner of a property to request the dog to leave. That would be unreasonable too. 

    Lesson learned is to state in the lease 35 pounds maximum adult weight. I personally state that any animal entering the home needs to be approved by the owner prior to bringing into the home and there are breed limitations. We also charge pet rent per dog and limit to two dogs.

    I think it is worth fighting this one. Maybe just let her out of her lease and tell her to leave. That way you avoid court and she can go live with her dog someplace else. Re-renting a unit is way better/less expensive than evicting someone.

    1Reply
  • David Huynh
    OP
    Investor · St. Paul, MN · Member since 2014 · 109 posts · 37 votes
    10y

    @Joe Splitrock I don't want to deal with the issue but at the same time I don't want to let it slide, since I have other tenants with animals. 

    I got to the point on the phone where I told her it was not healthy if we continued the discussion and wait another day and continue to discuss it. She was frustrated and so was I. Once this and other tenant leases expire, I can go ahead and use my own, which are more clear.

    0Reply
  • Alexander FelicePro Member
    Guy with Great Hair · Austin, TX · Member since 2013 · 2k+ posts · 4k+ votes
    10y

    I don't know how long eviction takes or costs in your area, but if her lease expires in 6 months I would take that into consideration.

    Also it is imperative that you change your lease to reflect that animals only qualify if they are under 35lbs and will remain under 35lbs when full grown.

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  • Darwin Crawford
    Rental Property Investor · Scottsdale, AZ · Member since 2016 · 296 posts · 243 votes
    10y

    @David Huynh - I'm going to take a different approach to this, and say you don't have a dog problem, you have a people problem.  Your earlier statement about her complaining of crap apartment is a HUGE red flag in my book.  

    Smart tenants can set you up for all kinds of headaches.  She clearly knows the rules, has probably looked at the lease and knows you are on shaky ground.  Why would you want to keep that person in your building?

    my advice?  find some lease violation, and get her butt out of there.  Who cares about the reason?  A german shepherd puppy requires a ton of exercise, they chew everything, and if the owner has a bad attitude already, its time to part ways.  

    There are plenty of good tenants out there.

    0Reply
  • Himanshu Jain
    Real Estate Agent · Chesterfield, MO · Member since 2014 · 101 posts · 28 votes
    10y

    I have run into a similar issue and questioned my leasing agent that how did he allow for this. But then let it go as she is a good tenant in all respect and had a small dog. So we did a pet addendum, took more deposit and increased the rent. Also added a clause in the addendum that we will be conducting a quarterly inspection and any time if we find any damages to the unit. She will be responsible for taking care of those.

    0Reply
  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    10y

    @David Huynh, I like the advice to allow her out of her lease. She's clearly a headache for you. 

    While I absolutely hate cash for keys, I would offer this to her to get her out. Some variation of it, like if you leave by the end of the month, and leave the property in good condition, I will refund your entire deposit. Make sure she knows that big damages void that offer. See if you can get into the property for a tour of the condition so you know what' you're in for. 

    She's obviously unhappy. Phrase it like you're the one making the sacrifice, you're the one doing this for her, because you're such a nice guy and want to make her happy. I'll LET you out of your lease with no break lease fee, since you're so unhappy. All you have to do is return the property to me in good condition. Consider yourself lucky if she takes your offer.

    [email protected]Podcast Guest on Show #261
    BiggerPockets
    1Reply
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    10y
    Originally posted by @David Huynh:

    @Joe Splitrock I don't want to deal with the issue but at the same time I don't want to let it slide, since I have other tenants with animals. 

    I got to the point on the phone where I told her it was not healthy if we continued the discussion and wait another day and continue to discuss it. She was frustrated and so was I. Once this and other tenant leases expire, I can go ahead and use my own, which are more clear.

    If you Google search the weight of German Shepards by age, this dog will be over 35 pounds by 4 months of age. Maybe you could have her sign a document acknowledging the animal would have to leave the home at that time.

    0Reply
  • Sarah Ziehr
    Real Estate Broker · Chicago, IL · Member since 2015 · 531 posts · 266 votes
    10y

    How long does it take this kind of dog to reach 35 lbs? At that time she is in violation of the lease but right now it seems she isn't doing anything wrong. 

    Going forward I would put a clause in your lease that all new pets must be approved by management, 2 pets max with a combined weight limit of 35 lbs. This automatically would mean one could not have two dogs unless they were the size of a shih tzu. Also the lease should clearly state who is allowed to live in the property at the time of lease signing, which would include any agreed upon pets. 

    0Reply
  • Kevin Kurt
    Waunakee, WI · Member since 2015 · 63 posts · 28 votes
    10y

    I think you will probably have to eat this one.  Explain to her that the dog will soon be over 35 lbs, and she will have to get rid of it at that point, but if she gets the dog just don't renew her lease she'll be out of your hair in 6 months probably before the dog is obliviously over 35 lbs.

    I would also change the language in your lease to read all pets must be declared at the start of tenancy and any pets not stated on the lease, must be approved by the landlord in writing or will be in considered in violation and grounds for eviction.  Or something to that effect written by an actual lawyer.

    0Reply
  • Jacob Beard
    Fairview Heights, IL · Member since 2015 · 48 posts · 27 votes
    10y

    the german shepherd will be right around 35 lbs at 6 months. my inlaws have 4 german shepherds

    0Reply
  • Account Closed
    Investor · Henderson, NC · Member since 2016 · 484 posts · 208 votes
    10y

    Sorry, but you are NOT going to win this one until that dog reaches 35.1lbs and you can prove it in court. PERIOD. Your lease does not say "adult weight" it says "any dog 35lbs or less". A german shepherd puppy qualifies the same as any other dog. A bullmastiff puppy would qualify also.

    Now, her attitude is a separate issue. I would get rid of her for that, but, you can't use the dog as the reason. If you have nothing else to use against her she is staying.

    Sometimes you have to admit it's the lessor who made the mistake in the lease, not the tenant. She found a loophole. It's like a chess game, and right now she's ahead.

    Also, if your lease truly does not say anything more than what you posted above, then your tenants may also keep farm animals under 35lbs. Yes, some people keep pet chickens in their house. You need to be a lot more specific about what type of animals are allowed. I know a woman with a pet duck she keeps in her living room on a leash. Ducks have no control of when/where they poop.

    0Reply
  • Al Wilson
    Investor · Daphne, AL · Member since 2014 · 1k+ posts · 242 votes
    10y
    Sorry, but your lease is ambiguous , which means tenant wins this one.
    0Reply
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