No pet policy: what should I do?

Question

Good morning all, we just bought a triplex in Phoenix which was fully occupied about 2 months ago. We assumed the lease of the 3 units, rent collected is way below the market average but we thought we will bear the loss for a few months till the leases are up. On reviewing one of the leases for unit 2, I found that there is a no pet policy for that unit. But the tenants from unit 2 have 2 dogs. I emailed them the NOTICE OF INTENT TO TERMINATE LEASE FOR MATERIAL BREACH OF RENTAL AGREEMENT yesterday. According to Arizona law, this gives them 10 days to fix the issue or move out. I received an email back from the tenant, that 1 of the dog is emotional support and that she can provide documentation for that. And the second dog belongs to the other tenant and she is just temporarily watching this dog. She will be happy to fix the issue within 10 days. Further, she goes on to say "we are willing to negotiate a lease buyout" if you want us out. I see this as a way for this tenant to make money off us. They are paying a lower rent than the norm, we will really like to get them out ASAP. What are our options?

Thanks

Sam Leon · Answer

If she have already claimed that animal is ESA then you can't charge a pet fee until she can't come up with the proper documentation it's not a legit ESA.  Bear in mind many animals are not really ESA but are legally considered so if she can provide documentation saying she is.  You can refuse to accept it or require more documentation but different states have different laws on minimum documentation.  Florida this year tried to make ESA verification through primary physicians or doctors the patient has seen more than a few times, the bill died.  The ESA crowds are controlling the conversation.

Account Closed · Answer

I don’t accept online ESA certificates and I would say you don’t either.

Ask for a insane pet fee (non refundable) for the second animal. Don’t care about who’s it is. It’s in their property.  Means damage happens to that unit.

For the “ESA” I’d require it removed within 10 days. If they can provide legit proof that is one thing. But right now they are in breech.

Hold firm to your standards. Because the ESA crowd is all about screwing over the landlord.  I’d give them notice if nonrewnal once this issue is resolved if they aren’t evicted.

Mike Franco · Answer

Verify the source of the ESA. Must be from a licensed mental health professional. Not a forged certificate or letter.

You need to call that health professional to verify it was issued by them.

If things don't check out, immediately issue unconditional quit notice.

Screw this professional tenant trying to use an ESA to extort money from you.

• First – if the animal is too large for the accommodation size. For example, a horse or a llama may be rejected from a small studio apartment.
• Second – if the building has 4 units or less and the landlord lives in one of the buildings.
• Third – it is a single-family house that was rented without a realtor and the owner owns less than 3 single family homes.
• Fourth – if the animal in the unit brings an undue financial hardship to the landlord.
• Fifth – if the animal causes damages or harm to others in the building.

See if your lease has a move-in clause. Looks like #2 above could work for you.

If not, put a move-in clause in your future contracts.

Jason D. · Answer

@Shel D. Sounds like you've got professional tenants. You may want to consult an attorney or run a fine tooth comb over their lease and find a way to terminate the lease. They sound like they will end up being a nightmare for you.

Colleen F. · Answer

If it is an ESA follow your ESA policy.  You can't oust them or charge Pet fees.  When does the lease end?  If you have a lot of time to go and the lease is well below market I would say I am happy to let you leave with 30 days notice without penalty, did you have something else in mind?   She will likely name a ridiculous amount of money you should pay,  look at how much she proposes and how long it would take you to recoup that with higher rent.  So if she says I will leave in 30 days for $1000 if you can make that back in 2 months or 10 months it makes a big difference. Good luck!

Account Closed · Answer

You’d have to check with local and state law.   If you decide to allow them to stay I’d say get it as soon as legally allowed. And I’d charge a monthly pet fee per animal. That way you can train the tenant that the rules are changing and they can’t take advantage of you like they did their previous landlord.

Firm but fair

Mike Franco · Answer

I just read that landlords may not contact the ESA owner's therapist directly for any reason whatsoever. Not even to verify the validity of an ESA certificate/letter.

I guess that means you can contact the therapist's secretary to verify the ESA letter then?

If a therapist doesn't have support staff, then how would you even verify if an ESA letter is genuine? Someone could just randomly stamp a psychiatrist's license number on a letter and write a fake letter.

Ryan Swan · Answer

@Shel D. I've been a landlord for many years, and in my experience these sound like tenants you should part ways with. They already know the "system" and are trying to play it to their advantage.

1) How long is left on their lease? If it's just a couple months, then wait it out and deliver a notice of non renewal at least 30 days prior to the expiration.

2) If it's a long time period, then I would seriously consider buying them out and placing new tenants. @Colleen F. is right about analyzing the real cost regarding keeping vs lost time/rent/expense to place new tenants.

All the other advice here about ESA rules, additional deposits, lease addenda etc are just speculation from non AZ legal experts. You should consult with a landlord attorney if you're unsure exactly what you can/cannot do based on the current lease terms.

Rob B. · Answer

I'm in agreeance with Eric on this. It is all about setting expectations and from the sound of it, this tenant has a penchant for bending the rules. Set those ground rules and use that pet fee per animal to get her on your page, or get her out. Best of luck! @Shel D.

Shel D. · Answer

Thanks! Appreciate your response. Could I ask for more deposit now? Is this done as an addendum to the contract?

No pet policy: what should I do?

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