Pays Rent!...... but loves cats.....

Pays Rent!...... but loves cats.....

Property Manager · Rockville, MD · Member since 2014 · 287 posts · 29 votes

My tenant has been with us for a year and a half. Rent is about 15% over market with a rent increase 6 months ago and they haven't missed!

HOWEVER  ...... when I  sent a contractor over for a few minor violations (smoke detectors), electrical lights out..... 

The contractor reports to me that there's cats everywhere, the place SMELLS like ammonia..... he even refused the job because he got a terrible allergic reaction and the place smelled too bad.....

Other than annoying instances of having to wait for him to get us cheks a couple days late, he hasn't been a problem.....

But I fear the place will have a permenant smell, and who knows what other pet damage there is.....

Should I threaten eviction? charge pet deposit (pets not reported)???

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Investor · Greenville, SC · Member since 2016 · 5k+ posts · 13k+ votes
10y

I'd recommend enforcing your lease agreement and if it did not allow pets, send notice of non-compliance in accordance with the rules in your jurisdiction and, if not cured, ask them to leave (including eviction filing).  You pay the mortgage, they pay the rent, you both comply with the terms of the lease.

On a side note, rent is not 15% above market if there are numerous unauthorized animals in the unit.  It's likely upside down relative to market if pet rent were included.  Boarding lots of pets is a different business model than human residential housing.

Sorry to hear about this situation.  I'd just deal with it as you would with any lease violation and get it corrected or have the tenant move.  I'd also call their prior landlord and find out why they did not disclose the animal hoarding during your application due diligence.  These things typically have a long history.

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  • Roy N.Pro Member
    Rental Property Investor · Fredericton, New Brunswick · Member since 2013 · 7k+ posts · 4k+ votes
    10y

    @Stephen E.

    He didn't seem to take me seriously off the top of the thread ...

    @Atwan Kwan perhaps you will now believe this situation needs to be stopped immediately before the damage becomes serious.  

    The inherited tenants - with the farm of cats and dogs - I mentioned earlier, the renovation following their departure was pushing $25,000 .... yes, we changed the layout and upgraded the kitchen and bathroom ... but only because we had to rip-up the subfloor (and the interior partition walls which sat upon it).   In our project actuals there was  ~8K in costs that would not have occurred if we did not have to clean-up after the pets.

  • Property Manager · Rockville, MD · Member since 2014 · 287 posts · 29 votes
    10y

    Thanks for replies guys.

    Fortunately his place isn't as bad as described and closer to what I remembered.

    However it is a bit messy, nothing Irreparable.... But preferably cleaner

    As for pets, he said one cat. And as mentioned nothing unbareable. Smelled like ammonia, probably because of unchanged litter....

    I talked with him. Told him I'd be back in 3 months and smell should be gone....

  • St Thomas, Ontario · Member since 2013 · 575 posts · 408 votes
    10y

    @Atwan Kwan Did you physically inspect the property and verify that there was only one cat? Your description is substantially at variance with the views of the contractor, i.e., that the ammonia smell was so strong he refused to enter. This is an unusual set of circumstances. I suggest cutting three months down to one month for the elapsed time until your next maintenance inspection. I realise from your comments that this is not your property but there is something to be learned from the views of those who have had to rehab properties damaged by cat urine. It can be very expensive. Good luck with this.

  • Property Manager · Rockville, MD · Member since 2014 · 287 posts · 29 votes
    10y

    @Stephen E. thanks for feedback. Ive taken everything into consideration and prepared for the worst.

    There was a huge variance in observations from the inspector to contractor. Which is what prompted me to ask for your thoughts.

    But I'll take the contractors' with a grain of salt over my personal observation. I know I'm looking for irreparable damage.

    The other floors aside from basement did not have a significant pet smell.

    The contractor does not know this tenant nor does he normally check for damage. The inspectors observation was more accurate to what I saw.

    Inspector reported a dog too, which I know is the mom's who doesn't live with them and tenant says he watches occasionally, which I believe hence no overbearing dog smell despite it being a 50+lbs dog.

    It's a lot of different info to consider, but I also want to keep a good relationship with a tenant who's always paid in the end.

    Maybe under cautious, maybe over? But maintaining a good thing is always fine for me in this business....

    I'll disclose to owner and see his thoughts too but I agree a 1 month follow up and tell him I want no smell then, sounds good for me

  • Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes
    10y

    If the pets are prohibited then they've violated terms of the lease so either the pets go....or they all go.

    That smell will only get worse the longer the "pet cemetary" is there..............5 years from now that extra $150 a month or $9,000 wont even cover the gut job that will be needed to make the place liveable for the next tenant that is not a cat lover. 

    If pets ARE allowed, is there a clause as to how many or that they are supposed to disclose how many and when they get them? If so.....they are in violation.....

    You want to think of FUTURE renters as well.......... and didn't you say he's been "late" just a few times with the rent?

    What else is he doing over there?

  • Property Manager · Rockville, MD · Member since 2014 · 287 posts · 29 votes
    10y

    @Brian Garlington Thanks, for feedback. Good point and understand it's the future-worth that counts.

    A little more background, this landlord isn't exactly the lavish developer type. Despite a very good townhome, it was rented out with badly stained carpets, damaged kitchen vinyl flooring and appliances from the 70's..... the roof literally fell on our previous tenants and it was like pulling teeth to get him to pay a DECENT roof repair.

    I recognize he's pretty lucky to get it rented out at all now, let alone 15% above market value. If we were to put it on the market again, I'd estimate at LEAST $10k to get it market ready for new carpets, appliances, paint.

    Knowing the condition I rented to him before, currently it wasn't anything I could make a case that wasn't "normal wear and tear".

    If I don't take this into account, I'm over-shooting for a client that is underinvesting 

    ........and there will be negative return on his investment home. Along with zero commission for my agency........

  • Rental Property Investor · Rockwall, TX · Member since 2015 · 891 posts · 701 votes
    10y
    Originally posted by @Atwan Kwan:

    @Dawn Anastasi can you give notice to evict if tenant if they didn't disclose for something they had a right to?

    is it the same as smoking in a place that allowed smoking, but telling me she was a non-smoker? (barring the deposits and pet rent comparison)

    @mike I wouldn't think written notice is necessary for not allowing pet damage

    You need to read your own lease and follow it.

    If the lease allows pets and doesn't quantify type and quantity, you're probably out of luck. 

    -Christopher

  • Dawn AnastasiPro Member
    Rental Property Investor · Milwaukee, WI · Member since 2013 · 6k+ posts · 4k+ votes
    10y
    Originally posted by @Atwan Kwan:

    @Dawn Anastasi can you give notice to evict if tenant if they didn't disclose for something they had a right to?

    is it the same as smoking in a place that allowed smoking, but telling me she was a non-smoker? (barring the deposits and pet rent comparison)

    The lease may have allowed pets, but did it allow pet damage?  I bet not.  I'm hoping the lease is good enough that it contains some mention about tenants taking care of the property.

    My lease specifically forbids pets and in a couple of cases where I did allow pets, the pet addendum states this:  "Tenant accepts full responsibility and liability for any and all damage, injury, or action arising from or caused by tenant's pet(s)."  This clause was written by one of the top landlord/tenant attorneys in the state.

    You wouldn't be posting here if the cats were so well behaved and there wasn't any smell/damage to cause the contractor to notice anything.

  • Rental Property Investor · Indianapolis, IN · Member since 2012 · 91 posts · 41 votes
    10y

    @Atwan Kwan In my opinion the first step would be to visit the unit and determine for yourself whether there is a problem or not.  The contractor may have had allergies and just not wanted to do the job.  This kind of thing is very subjective.

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