Tenant Lying About CHICKENS on the Property - Evict or Not?

Tenant Lying About CHICKENS on the Property - Evict or Not?

Rental Property Investor · Austin · Member since 2018 · 8 posts · 13 votes

Hello!

I have a tenant in one of my duplexes who told me on her lease application she only planned on having one small dog on the property. The lease contract says explicitly NO PETS unless otherwise put into writing. I gave her a verbal handshake agreement that she could keep the one dog (did not put it in writing for her).

A few weeks later, her neighbor tells me she has more than 1 dog and several CHICKENS on the property. When I called her, she said she has only 3 chickens, keeps them in a coop, and uses them for the fresh eggs. When I told her the chickens need to be removed, she went and got a note from an online doctor to make them qualify as emotional support animals (the note uses the words "Chicken" and "animal" in singular, not plural, i.e. should only cover her for 1 chicken). I did an inspection without her knowledge or presence yesterday (this is allowed in my lease), and find out she has 3 dogs and 6 chickens, all wandering the backyard un-cooped.

I am ready to evict her. I believe I have grounds for an eviction since the lease contract says NO PETS, and her ESA note only covers 1 chicken. Even though the chickens are kept outside, and the house was in good condition when I inspected, this tenant is consistently lying to me, and taking steps like getting an ESA note instead of complying with my requests. My question is, should I pursue a removal/eviction here, or just let it go since the rent comes in on time and the house is in good condition? This is a short term lease, expires April 30th 2019.

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Lagrangeville, NY · Member since 2017 · 144 posts · 218 votes
7y

@Faraz Hemani. I would wait until the lease eggspires, then using eggtra careful language and documentation, I'd ask her to eggzit the premises.

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  • Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    7y

    Normally I'd say get rid of her.

    However you only have 3 more months.  It might make more sense to wait and non-renew.

  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    7y

    Hi Faraz,

    Chickens are loud but some people don't mind them, but eggs are cheap.

    Emotional support chicken--with a doctors note--OK, but undisclosed up front.

    Emotional support chicken is a new one on me.

    Good Luck with whatever decision you come to on this.

  • Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
    7y

    This is a tough one for me. Instead of emotional support, she might have argued "food source". I don't see chickens as pets. In Chicago a lot of people have chickens in their yards for eggs and slaughter for food. Why are you against her having the chickens? Is she a good tenant otherwise?

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    7y

    It depends, are farm animals legal in your area?  In our area you need 5 acres.  If not allowed see what the town will do about the chickens, cite you ? or cite the tenant?   If farm animals are legal if she has any roosters  she must lose them because her current internet ESA permission says a chicken (roosters while they are chickens are an undue burden and a neighbor problem).   

    What is your policy on ESAs , is the internet ok?  I would likely tell her you need a real note from the real doctor she sees. 

    In your short term situation you might charge a fee for any damages requiring  she put this money in escrow to return the property to the original condition.  You can require return to prior condition even for ADA accommodation.  You can charge for all the non emotional support animals even if she can substantiate a chicken is an ESA.  I would check local ordinances and then issue a lease violation based on what  animals should not be there.   maybe one of the dogs will eat the chickens!

  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    7y
    Originally posted by @Account Closed:

    Hello!

    I have a tenant in one of my duplexes who told me on her lease application she only planned on having one small dog on the property. The lease contract says explicitly NO PETS unless otherwise put into writing. I gave her a verbal handshake agreement that she could keep the one dog (did not put it in writing for her).

    A few weeks later, her neighbor tells me she has more than 1 dog and several CHICKENS on the property. When I called her, she said she has only 3 chickens, keeps them in a coop, and uses them for the fresh eggs. When I told her the chickens need to be removed, she went and got a note from an online doctor to make them qualify as emotional support animals (the note uses the words "Chicken" and "animal" in singular, not plural, i.e. should only cover her for 1 chicken). I did an inspection without her knowledge or presence yesterday (this is allowed in my lease), and find out she has 3 dogs and 6 chickens, all wandering the backyard un-cooped.

    I am ready to evict her. I believe I have grounds for an eviction since the lease contract says NO PETS, and her ESA note only covers 1 chicken. Even though the chickens are kept outside, and the house was in good condition when I inspected, this tenant is consistently lying to me, and taking steps like getting an ESA note instead of complying with my requests. My question is, should I pursue a removal/eviction here, or just let it go since the rent comes in on time and the house is in good condition? This is a short term lease, expires April 30th 2019.

    The 1st question that you should ask yourself is how does evicting her increase your bottom line? From where I am sitting it doesn't look like it does. It appears as though you will be removing an income stream while creating an unnecessary turnover cost. Why?

  • Steinhatchee, FL · Member since 2017 · 77 posts · 69 votes
    7y

    Id wait and just non-renew, unless you think that 3 dogs will cause a lot of damage...I dont think the chickens will. Its not so much that she has chickens, its that she lied. One dog turned into 3, a chicken turned into chickens turned into emotional support chickens. (??) Actually, Im not so sure any animal can be an emotional support animal. I thought it was limited to dogs and mini horses, tho I could be wrong there.

  • Investor · Spokane Valley, WA · Member since 2014 · 175 posts · 94 votes
    7y

    I would say something to the tune of "Thank you so much for providing the service documentation for your service chicken. As for the non service animals, if you'd like to keep them, you'll need to provide $xx for additional security deposit"

    Then when you non-renew in 3 months you have a better leg up for any damage that was caused by so many animals. otherwise, even if you evict, she will leave unhappy which can equate to more damage than you have in deposit.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y

    Your lease should say, "No animals" which would include barnyard or farm animals.

    My lease includes a $50 per day fine for animal violations. I would notify her in writing that she is in violation of the lease and that I will start charging her $50 per day per violation starting on the day of discovery. I would simultaneously hit her with an eviction notice.

    I can do that because my state is reasonable and I can evict in under 30 days. Your state may take longer so you may just want to fine her and then ask her to leave or wait until the lease expires.

    Under no circumstances would I allow her to stay without a significant fine. I would also set up an inspection immediately because I'll bet dollars to donuts there's damage or pet odor inside.

    The DIY Landlord Book4.7248 Reviews
  • Member since 2016 · 13k+ posts · 12k+ votes
    7y

    Her ESA certification is fake so not an issue. As much as I detest tenants violating their lease I would be sending her a notice to non renew her lease when the time comes, 30, 60 days notice depending on your state regulations rather than evict.

    I would not be keeping this tenant at the end of her lease regardless but not worth the time or money evict.

  • Member since 2018 · 4 posts · 0 votes
    7y

    Normally I would say evict her with all the violations, but if they haven't destroyed anything your best bet is just to leave her the last three months of the lease and find a new tenant afterward. That way you don't have to deal with vacancy 

  • Investor · PA · Member since 2013 · 1k+ posts · 602 votes
    7y

    The two extra dogs would be a bigger issue for me than the chickens because they are more likely to be inside the house. If she continues to keep the place clean then I wouldn't worry too much.

  • Rental Property Investor · Austin · Member since 2018 · 8 posts · 13 votes
    7y

    Thank you all! Based on the feedback, what I'm leaning towards is asking for a pet deposit in order for her to keep the animals, and then non-renewing the lease in 3 months. 

    Really liked the comment from @James Wise, I'm running a business and I need to think about the bottom line, not just what I feel is 'right' and 'wrong' on principle. The reason I came here for feedback was I wanted to make sure I didn't make an emotion-based decision, so I appreciate everyone's help!

  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    7y

    I would keep her till April . Chickens are hard on yards if allowed to free roam . If it were me * I would simply use a live trap and get a couple raccoons .keep them caged and hungry for a day or two then I’d accidentally drop them off at the property late one evening . Only takes One coon to devastate a flock of chickens .

  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    7y

    I would leverage the lease in regards to fines, pet deposits etc to get as much $$ as I can right now to help recoup any damage already done when I don't renew her in 3 months.

    When you catch a tenant in a lie...or in this case multiple lies.... its only the tip of the iceberg and if you let it go unpunished, you will open the door to more lies and future issues that will cost you $$. This is a test...

  • Lagrangeville, NY · Member since 2017 · 144 posts · 218 votes
    7y

    @Faraz Hemani. I would wait until the lease eggspires, then using eggtra careful language and documentation, I'd ask her to eggzit the premises.

  • Real Estate Broker · Minneapolis, MN · Member since 2016 · 530 posts · 398 votes
    7y

    @Faraz Hemani

    As much as it kills like above, I would just wait the under 2 months and not renew the lease.

    Hopefully not too much damage in the property from the chickens.

  • Columbia, SC · Member since 2017 · 77 posts · 49 votes
    7y
    Originally posted by @Brian Zaug:

    @Faraz Hemani. I would wait until the lease eggspires, then using eggtra careful language and documentation, I'd ask her to eggzit the premises.

     ICEE what you mean. 

  • Real Estate Agent · San Antonio, TX · Member since 2017 · 814 posts · 466 votes
    7y

    @Faraz Hemani

    If she pays rent on time and keep property in good condition and lease expires this April, let it go. Don’t renew the lease.

  • Investor · Los Angeles, CA · Member since 2017 · 523 posts · 476 votes
    7y

    Tell her you derive emotional support from eating chickens, also have an online doctor's note, and have a nice bbq this spring for your friends and family. I'm kidding  - but seriously, I"d let the lease run it's course, and hope for the best, we're just a few months out from April 30. It's super annoying that she pulled this, but as I've learned, you have to think with the bottom line in mind. 

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y

    The lies are what would bother me, well and 3 dogs.  First saying she has 1 dog, then adding that there are 3 chickens after someone brought it to your attention when in fact there are 3 dogs and 6 chickens.  I'd call her on it and charge her a pet monthly fee or whatever is allowed where you are.  

    Chickens are a great source of food for eggs, but as others said depending on the size of the yard-6 might remove the grass; plus if their food is not properly stored, it can attract rodents.

  • Los Angeles, CA · Member since 2018 · 326 posts · 279 votes
    7y

    @Account Closed mentioned.

    If you can quickly find a cheap place that you would allow several pets purchase the property and offer her a new place to live in May.  The new place may be more run down and may be more in the country but if you do a proper agreement with her there is a very high likelihood she will be a very long term tenant.

    The reason she didn't let you know up front that she had this many animals is it's very difficult to find a place to rent with animals. So... if you can find something cheap enough to buy and then rent at a premium you may have great a ROI.

  • Property Manager · Oceanside, CA · Member since 2019 · 1 post · 0 votes
    7y

    @Max T. I completely agree.

  • Developer · Atlanta and Detroit · Member since 2018 · 601 posts · 821 votes
    7y
    Originally posted by @Scott Mac:

    Hi Faraz,

    Chickens are loud but some people don't mind them, but eggs are cheap.

    Emotional support chicken--with a doctors note--OK, but undisclosed up front.

    Emotional support chicken is a new one on me.

    Good Luck with whatever decision you come to on this.

     Any chance of getting some free fresh eggs.... sorry could not help myself

  • Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    7y

    One thing I would caution you to remember is that you can change the tenant but you can't change the neighbors. The chickens have to go and you've got to get a fine at least out of this tenant, got to get something that hurts enough for her to complain to the neighbors. Because you can bet THEY know she's got those chickens over there, and she's told then the story of how she hoodwinked the landlord.

    It's obvious to anyone that the wisest course for your pocket appears to be to just let the least run out, get over there and fix the damage, get a new tenant in. But you can rest assured that the neighbors will gleefully tell that next tenant about how stupid/weak the landlord is, six chickens and three dogs, and he didn't know for X months, then he found out and he just let her off with a slap on the wrist, and the cycle of bad behavior goes on.

    We have a bunch of rentals in the same ugly neighborhood. If you're the same, or planning to be the same, you have a neighborhood rep, whether you like it or not. Word gets around about the landlord who doesn't drop the hammer and your tenants start doing silly things.

    "Men are more easily governed through their vices than through their virtues."

    Napoleon Bonaparte

  • New Boston, MI · Member since 2016 · 54 posts · 31 votes
    7y

    you said it was a duplex? what do the other tenants say about the extra dogs and chickens? 

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