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 · Chicago, IL · Member since 2009 · 1k+ posts · 1k+ votes
    7y

    @Ray Harrell    I think chickens are illegal in our city for regular residential properties.  

    Back to the thread:  There is going to  be a clash of law soon, which municipalities will have to deal with.   Do emotional support animals supersede the law?  I would think she couldn't take her ESA on an airplane, no matter what the doctor says.

    With tenants, they break the rules all the time.  And evictions are a sure way how not to make money in real estate.  

  • Joe SplitrockPro Member
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    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    7y

    @Account Closed I would serve notice to vacate through a process server. This isn't even about the pets as much as it is about the lying. She lied on her application and brought animals into the property unauthorized. Even when confronted, she prints a bogus certificate off the internet for just one chicken. That doesn't even address the dogs. Get photos of all the dogs and the chickens running free. Check the city ordinance, but usually there are limits and they must be in pens some distance from the property. 

    For reasons on the notice, cite in some form (check with attorney):

    Unauthorized animals on property. Nine animals on property and application only listed one.

    False information provided on application. One dog listed.

    Violating city ordinance for chickens.

    Unable to work with tenant on these issues due to dishonest responses when questioned. 

  • Rental Property Investor · Overbrook Hills, PA · Member since 2019 · 84 posts · 26 votes
    7y

    @Dennis M. That is Horrible ! It’s not the chickens fault. If someone did that to my pets I’d sue them , you have a right to evict based on the contract - not a a License to kill something.

  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    7y
    Originally posted by @Dawn Burwell:

    @Dennis M. That is Horrible ! It’s not the chickens fault. If someone did that to my pets I’d sue them , you have a right to evict based on the contract - not a a License to kill something.

     Everytime I order nuggets or hot wings a chicken dies . It’ll be okay they make more everyday 

  • Rental Property Investor · Wichita, KS · Member since 2018 · 52 posts · 33 votes
    7y

    @Faraz Hemani

    “ emotional support chicken”

    Lmao

    I’m using that one!

  • Investor · Austin TX · Member since 2016 · 1k+ posts · 2k+ votes
    7y

    Emotional support chickens!!! Omg now I have heard everything!

  • Flipper/Rehabber · Columbus, OH · Member since 2018 · 51 posts · 22 votes
    7y

    @Dennis M.

    Priceless. Hahaha.

  • Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 3k+ votes
    7y

    So your tenant is involved in poultry, not committed to raising the chickens?

    You do understand the difference between being involved and being committed, right?

    In a breakfast of bacon and eggs, the chicken is involved.

    The pig is committed.

    (Couldn't help myself!)

  • Lender · Pensacola, FL · Member since 2017 · 658 posts · 626 votes
    7y

    In case anyone was wondering, peacocks really can't fly. Businesses have to be wary of public perception ("perception is reality") and sometimes have to wait until events go to extremes before public opinion swings in the direction of common sense.

    Backyard chickens are allowed by city ordinance in some areas. I've heard the sounds of chickens in my daily walks around San Jose and Pensacola. Some people keep chickens as house pets. If the zombie apocalypse ever happens, those with indoor chickens will get to enjoy eggs for breakfast when the supermarkets run out of food.

    I agree with the other posts that the issue here is not about the animals, but about a human lying about the animals. Judges and juries might like pets, but they usually don't like liars.

  • Rental Property Investor · Milwaukee, WI · Member since 2014 · 63 posts · 16 votes
    7y

    In some counties there is ordinances about chickens and how many you can keep, and what you have to have to do that, here is example from Madison Wi.

    Obtaining a City of Madison Chicken License

    How to Obtain a City of Madison Chicken License

    1. Notify others as required that you will be keeping chickens on the property.
    • If the property is an owner occupied single family home, no notification is required.
    • If the property is a single family home that is not owner occupied, notify the property owner and all residents of your dwelling unit.
    • If the property is a two, three, or four family home, notify the property owner and all residents of the property in all dwelling units.
    • If the property is a museum, school or day care center, the applicant for the license must notify the owner or operator of the property if the applicant is not the owner or operator.
    1. Register with the Wisconsin Department of Agriculture, Trade and Consumer Protection. This registration is free. Fill out the "Livestock Premises Registration Application." Either complete the form online, or print it and fill it out. Once registered, you will be given a registration number.

    Check with your county if she needs to register them, that maybe that will help to get rid of them.

    Hope that helps

  • Rental Property Investor · West Bend, WI · Member since 2015 · 931 posts · 598 votes
    7y

    I have a rural tenant with chickens and ducks, we require them to include the animals on their renters policy, and and do not allow roosters, (my insurance wont allow roosters) I love chickens, and that my tenants can teach their children about where food comes from, raising animals, and caring for animals.

  • Specialist · Salado, TX · Member since 2014 · 69 posts · 50 votes
    7y

    Thank you! This is actually helpful info. We're seeing more chickens in many subdivisions around my area of Texas. Usually, it's a deed restriction violation and can subject the landlord to monetary fines from the HOA.

    Personally, I like chickens and eggs, they taste great, but it may be time to add the dreaded poultry clause to all new leases.  No pets is simply no longer all inclusive.  Don’t forget all reptiles, marsupials, fish, ocean mammals and rodents.

    IMO, it was the handshake agreement that doomed this deal.  He said/she said doesn’t go over well  at the JP’s office during an eviction hearing.  Use the TX Statute of Frauds to your advantage.  If it’s not in writing, it was never agreed to and  that’s the law.  

  • Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    7y

    I don't think there's a lot of recourse in this situation other than non renewal. (give notice soon)

    In the future: work on your lease a bit to close some of the apparent loopholes. ie, you can't assess a fine for a violation of the lease unless you have that in the lease. You can't change things as you go.

    As other's mentioned I believe the esa chicken is completely made up. I wouldn't keep this tenant under any circumstances since they seem to be running the show. And from now on, everything in writing, nothing "verbal". This real estate college course is probably not going to be as expensive as it could be for all the knowledge you're gaining.

    Give notice of non-renewal (in writing) that complies with your state/local regulations and move on in your REI career.

  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 31k+ posts · 20k+ votes
    7y

     Sometimes it's more important to be Rich than Right.

  • Attorney · Austin, TX · Member since 2014 · 890 posts · 759 votes
    7y

    Let's start with the law.  Austin chicken ordinance.  The City of Austin encourages yard birds, even offering rebates on coups if you take a class.  And even though there are land use restrictions, there is more diversity in structure and use than there is in Houston, which doesn't regulate.  That's just the regulatory environment in which you chose to do business.  "Keep Austin weird" is a known saying.

    If they comply with the ordinance, and no additional cost to recover upon move out, get over it.  Be explicit on permitted use, but don't get all Puritanical.  Landlords are not arbiters of moral authority.  

    If tenants don't comply with the ordinance, or unwilling to pay the additional costs for returning the property to its original condition (except usual wear and tear), evict.  You must be able to articulate with reasonable certainty what the cost will be up front.

  • Rental Property Investor · Overbrook Hills, PA · Member since 2019 · 84 posts · 26 votes
    7y

    @Dennis M. Nuggets ,were not loved by someone ,when they were alive. I’m just saying you don’t have the right to harm someone’s pet. For any reason

  • Rental Property Investor · Houston, TX · Member since 2017 · 40 posts · 20 votes
    7y

    Get some money out of her. +$25/mo per pet plus a $500 pet fee.

    And what the hell is an emotional support chicken? Why wasn't this brought to your attention when you signed the lease?

  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    7y
    Originally posted by @Dawn Burwell:

    @Dennis M. Nuggets ,were not loved by someone ,when they were alive. I’m just saying you don’t have the right to harm someone’s pet. For any reason

    You can Remain calm aurora , It was meant to be a joke . I would not eradicate the chickens ..but I would evict the tenant 

  • San Antonio. Tx · Member since 2018 · 75 posts · 47 votes
    7y

    Is she a good tenant otherwise? (aside from the pets?)  Does she pay rent on time, every time?  Does she keep the property clean & safe?  Is she a good neighbor that does not disturb other tenants/neighbors (no parties, or other disturbances)?  Those are the top three things that make a tenant an A+.  

    If you think she has other positive compensating factors despite her being deceitful -- keep her.  If there are other issues affect your bottom line & you think you can get a replacement tenant fairly quickly -- let her go.

    If you decide to keep her, make it clear to resolve the pet issue -- get all the pets on the lease and clearly state no more animals are allowed on the property.  Make it clear that if she violated this again she is out.

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

    @Dennis M.

    How could you, Denny? That chicken had a NAME...

  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    7y
    Originally posted by @Jim K.:

    @Dennis M.

    How could you, Denny? That chicken had a NAME...

     Someone loved that chicken especially me -when it’s wings are dipped in buffalo sauce .. sorry back on topic 

  • Flipper/Rehabber · Ahwahnee, CA · Member since 2014 · 95 posts · 26 votes
    7y

    Well, now you're at the point to start paperwork to not renew her rental, since it's only 1 1/2 months off.  That sounds like the best policy, and NEVER NEVER NEVER allow a dog (or any pet) if it's not in your original lease.  I wonder how many people take advantage like this?  I'll bet the number is staggering.

    If you try to get a pet deposit out of her, would she even pay it, knowing that you're not going to renew her lease? Forcing her to get rid of all the pets is the best idea, but really, she needs to go, and that's a very good reason for getting her out.  She's lost your trust.
    I agree with the other poster, get back there and take lots of pictures, in case she tries to resist (and I expect she will).

    I live rural, and sorry to all you pet chicken fans, but they do smell.  Especially once it rains, ugh.  And bring in flies, etc...   It's highly unfair to the neighbor who's been true to her lease, and who is obviously unhappy about this.

    Good luck!

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