Tenant Gets a puppy against landlords permission

Tenant Gets a puppy against landlords permission

Toledo, OH · Member since 2019 · 13 posts · 8 votes

Hello,

My tenant signed the pet agreement (addendum to rental agreement) prior to getting a puppy without my knowledge.  I just found out she got a puppy after signing the document and not asking for permission.   What are my options?  How do I handle this?  

I copied the pet agreement below to reference.  

PET AGREEMENT (Addendum to Rental Agreement)

The One Year Rental Agreement (the “Agreement”) dated July 27, 2019 to July 27th, 2020. , as Landlord and , as Tenant of real property located at ______________, is hereby amended to include the following terms and conditions:

The rental advertisement agreement specifically prohibits keeping pets and animals without Landlord permission. No pets will be allowed on the property without the landlord’s permission. As advertised when tenant found the listing for ___________, “No pets except goldfish”, and verbally agreed to no pets allowed on the property. Under no circumstances will cats be allowed on the premises or restricted breeds.

If the landlord allows the tenant to have a pet prior to the tenant taking possession of the pet, the following conditions will apply.

Condition for a pet:

Tenant agrees to pay additional rent of __$35___________ per month for the privilege of keeping this pet.

Tenant agrees to pay additional security deposit of _____$400_________ for the privilege of keeping the pet.

Name of pet: __________________________

Description of pet: _______________________ (type, breed, color, age)

Veterinarian: __________________________

Emergency Caretaker: ____________________

Tenant agrees to:

1. Provide proper care for the pet in accordance with veterinary recommendations or ASPCA (American Society for the Prevention of Cruelty to Animals) guidelines. See www.aspca.org.

2. Adhere to local ordinances, including leash, vaccination, and tag/licensing, requirements.

3. Clean up after the pet and dispose of pet waste properly and quickly.

4. Not to leave pet food or water outside the dwelling, as it could attract other animals.

5. Not to leave the pet unattended for any unreasonable periods of time.

6. Keep the pet from being noisy, aggressive, or from causing any annoyance or discomfort to others.

7. Immediately remedy any complaints that arise from pet behavior.

8. Immediately pay for any damage, loss, or expense caused to others by the pet.

9. Provide pet with regular health care, to include inoculations as recommended by a veterinarian.

10. Spay or neuter the pet when it becomes of age to do so.

11. Arrange for an emergency caretaker for the pet.

Tenant agrees to indemnify, hold harmless and defend Landlord against all liability, judgments, expenses (including attorney fees), or claims by third parties for any injury to any person or damage to property caused by Tenant’s pet.

Landlord will take dated photographs of the house and each room.

Landlord reserves the right to revoke permission to keep the pet should Tenant break this agreement or provide false or misleading information.

2Reply
90 views

Most Popular Reply

Los Angeles, CA · Member since 2013 · 555 posts · 261 votes
7y

$100 says she pulls the ESA trick.

See this reply in the discussion

37 Replies

Jump to latestLatest
  • Rental Property Investor · Central, FL · Member since 2016 · 950 posts · 821 votes
    7y

    You have two options, three really but only two you should pick from. 

    First of all, Do you want to allow them to stay?  If yes than options 1/2 if not then move to option 3.

    Option 1: do nothing and let them break your lease with no  consequences. (Not recommended). 

    Option 2:  charge them the new 35 dollar increase and rent and demand the 400 dollar security deposit. 

    Option 3:   send them a 3 day compliance or quit letter and start evicting if they don’t comply. 

    Good luck, I am not a fan of having animals in my properties and will probably be using your addendum going forward.  

  • Los Angeles, CA · Member since 2013 · 555 posts · 261 votes
    7y

    $100 says she pulls the ESA trick.

  • Investor · Tempe, AZ · Member since 2018 · 1k+ posts · 731 votes
    7y

    @Sierra Fox,

    You need to communicate with the tenant that they are in breach of lease, which is exposure for eviction.  Since it appears you were previously open to pets then I would send them a letter/email and have them amend the lease.

    It's also a puppy; very destructive.  Factor that into your pet rent/fee decision.

    If they claim the puppy doesn't live there, then make sure to follow up randomly.  If the puppy is still there, he lives there...

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

    Do not let this slide. Since you already have a fee structure in place, have them comply with the other provisions regarding breed, etc. If the try the ESA thing (very likely) tell them you require documentation and don't accept internet based ESA baloney.

    Since your lease is so clear, it's really important to "enforce the lease".

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

    I agree with John.  If she completed the pet (ie animal) agreement, then stick to it.  Did you rent to her thinking she had a pet already?  If so, does it matter if she got the puppy before or after the document was signed?  

  • Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
    7y

    @Sierra Fox I am going to go contrary to the other posters on here and say, scold her and then charge her the pet rent. I recently acquired a 19 unit building in Berwyn and made the strategic decision to allow pets for additional rent. I am now making an additional $300 per month, which equates to $3600 per year. At a 7 cap valuation that comes out to $51,428 in building value that I was able to add! 

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y
    Originally posted by @John Warren:

    @Sierra Fox I am going to go contrary to the other posters on here and say, scold her and then charge her the pet rent. I recently acquired a 19 unit building in Berwyn and made the strategic decision to allow pets for additional rent. I am now making an additional $300 per month, which equates to $3600 per year. At a 7 cap valuation that comes out to $51,428 in building value that I was able to add! 

     I assumed that Sierra gave the pet agreement to the tenant assuming she had a pet therefore if she sticks to it, she will be charging an extra $35/month.  Plus she would have collected the pet deposit.

  • Toledo, OH · Member since 2019 · 13 posts · 8 votes
    7y

    @Theresa Harris There is a little back story...I was on facebook and she came up on "people you may know" I happened to click it and she made a public post regarding a puppy she was getting on 9/1.  I advertised no pets allowed, but when I was restructuring my lease from the previous owner of the house I left out anything discussing pets which is why I created the pet agreement in addition to the lease agreement.  She signed it on 8/29 I went back on facebook to follow up and see if she posted anything and sure enough she posted the puppy with the dog cage in the living room which I did take screen shots off with the date she posted just for evidence if she tries to lie (again).  When I talked to her face to face on 8/29 I told her absolute no pets as I advertised and she was like well I thought about getting a puppy, but after reading this agreement I'm not at all anymore.  I said I've never allowed pets especially restricted breeds it's a liability on my end and your end.  So after she signed, had the discussion, she still followed through with getting the puppy which she never asked me for permission and I only am aware of this puppy through her public posts on facebook.  

  • Toledo, OH · Member since 2019 · 13 posts · 8 votes
    7y

    @John Warren that's what my thoughts are.  It's an additional $35/mo plus the $400 deposit.  Would you make the pet deposit refundable?  Other than this puppy issue, and not being honest with me, she is a very clean, responsible tenant.  I've popped in there a few times randomly and everything is very clean and organized.  I'm going to have to pop in there this weekend randomly, and try to spot the puppy on the property.  She also has renters insurance with 100k liability which I feel like is enough to cover anything if something were to happen such as a dog bite.  I'm just sort of in a bind - it is a restricted breed (pit bull) so if I do allow her to keep the puppy with the fees attached I'm still not following through with the no restricted breed list.

  • Member since 2019 · 1k+ posts · 1k+ votes
    7y

    @Sierra Fox

    I do pet Friendly almost exclusively, I do not allow animals under 1yr as documented or estimated by a veterinarian professional of my choosing. My lvp flooring is not a piss pad.

    I would also tighten up the wording of your turd pickup term. I would specify 48hr as time limit for picking up after animals.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y
    Originally posted by @Sierra Fox:

    @Theresa Harris There is a little back story...I was on facebook and she came up on "people you may know" I happened to click it and she made a public post regarding a puppy she was getting on 9/1.  I advertised no pets allowed, but when I was restructuring my lease from the previous owner of the house I left out anything discussing pets which is why I created the pet agreement in addition to the lease agreement.  She signed it on 8/29 I went back on facebook to follow up and see if she posted anything and sure enough she posted the puppy with the dog cage in the living room which I did take screen shots off with the date she posted just for evidence if she tries to lie (again).  When I talked to her face to face on 8/29 I told her absolute no pets as I advertised and she was like well I thought about getting a puppy, but after reading this agreement I'm not at all anymore.  I said I've never allowed pets especially restricted breeds it's a liability on my end and your end.  So after she signed, had the discussion, she still followed through with getting the puppy which she never asked me for permission and I only am aware of this puppy through her public posts on facebook.  

    For some reason I thought she got the pet addendum from you and had signed it along with the lease.  Sounds like that is not the case, then she's in violation of the lease and can be evicted or get rid of the puppy. 

    you mentioned it is a restricted breed.  Check with your local bylaws and your insurance provider.

  • Rental Property Investor · Las Vegas, NV · Member since 2018 · 17 posts · 21 votes
    7y

    @Sierra Fox

    We stopped doing a refundable pet deposit. Change the wording to a non-refundable pet service fee.

  • Toledo, OH · Member since 2019 · 13 posts · 8 votes
    7y

    @Theresa Harris no she signed the lease 7/26...I realized I didn't add the pet policy on the lease so to protect myself I created a pet addendum that she signed off last week.  After signing it, she decided to get a puppy without permission.  

  • Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
    7y

    I changed my terminology in my lease to "Animal" instead of "Pet". And, I do not include what the conditions may be to get a animal. I state a written addendum is needed prior to obtaining an animal. Now, what is that addendum going to say? Well, if they decide to get an animal and then ask for forgiveness, that addendum is probably going to be $600 non-refundable and $100 per month addition to rent. Or, a whole new lease that simply raises the rent a lot, and cuts out the "pet" language. So, if that pet is suddenly a therapy animal, the rent amount is still the rent amount. Or, perhaps they are a lousy tenant and they just evicted for violating the lease. Don't let the tenant play you. You make the deal work for you. 

  • Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    7y

    We have been in this situation a couple times and both times we gave the tenant two options:

     - Get rid of the pet within a week because their lease clearly states they can't have one

    - Pay the early lease termination fee (as outlined in the lease) to get out of their lease early if they want to keep the pet and find another place

    In both of our situations the tenant found another place for the pet to stay. Hopefully it goes that smoothly for you because in my state it is very time consuming and costly to evict someone for anything other than non payment of rent. 

  • Multifamily Syndicator · Houston, TX · Member since 2016 · 1k+ posts · 2k+ votes
    7y

    @Sierra Fox She got a puppy?!!! Awwww...🥰🥰🥰

    You'll be perceived as a monster if you kick her out with her little puppy lol...

    In all seriousness, I think the best approach here is to let her know that she is in breach of your agreement, but you will allow it sofar she pays the pet deposit with immediate effect and pays the Pet Rent beginning on the next rent. 

    Reality is that you don't want or need the whole Emotional Support Animal deal... You can always refuse the renew the lease if you aren't happy with the new arrangement. 

  • Member since 2019 · 1 post · 0 votes
    7y

    can you put “no ESA pet allowed” on an agreement/application or is this a form of discrimination?

  • Multifamily Syndicator · Houston, TX · Member since 2016 · 1k+ posts · 2k+ votes
    7y
    Originally posted by @Jason Miller:

    can you put “no ESA pet allowed” on an agreement/application or is this a form of discrimination?

    I would not go about it that way, but many landlords say "No Pets Allowed". 

    Going the extra mile by including No ESA might be a bit much, to be honest...

  • Toledo, OH · Member since 2019 · 13 posts · 8 votes
    7y

    @Ola Dantis lol I know...that's my problem...I love animals, but I also own two dogs and know they aren't perfect.  I'm going to approach her and lay down the law.  I need the deposit, and pet fee starting the 1st.  I can't see her fighting me on it.  She's normally very respectful so I'm a bit surprised she pulled this one on me. 

  • Rental Property Investor · Corvallis, OR · Member since 2018 · 840 posts · 1k+ votes
    7y

    @Sierra Fox I am very sorry to hear. In Oregon, its legally so easy for tenants to get ESA and force my hand. Some think Extra Pet fees make money. Not me, as they just cause damages and create issues for me. I try really to vet people and check social media (which has saved me MANY times prior), but sometimes they move in and play the ESA card. Its impossible for me to fight this one. I emphasize with you !

  • Austin, TX · Member since 2017 · 75 posts · 39 votes
    7y

    @Chris Anderson

    Would making the pet deposit non refundable discourage them from allowing the pet to be destructive?

  • Austin, TX · Member since 2017 · 75 posts · 39 votes
    7y

    @Keaton Munsterman I said that backwards. Discourage them from stopping them being destructive

  • Rental Property Investor · Northern NJ · Member since 2019 · 672 posts · 677 votes
    7y

    You may know this already already but just in case you dont...

    I got a puppy at 7 weeks in my newly purchased house. It was s fresh remodel which included newly laid carpet. It took exactly 8 months for him to TRASH it. Crate trained, fenced in back yard, nothing helped. I ended up putting wood flooring down which was the best decision ever. Hes much better nowadays!

    If you have carpet in your place, it's done for IMO. I'd include a pic of said suspect but cant see any way to attach a picture.

  • Rental Property Investor · Closter, NJ · Member since 2015 · 884 posts · 722 votes
    7y

    They are all pulling the ESA trick nowadays. However, it's a puppy. As long as she complies with your rules, trains it, cleans up after it (and the puppy doesn't chew up your walls, floors, etc.) perhaps it would be nice to be "pet friendly" and let her keep it? You don't want it getting dumped at a Shelter, right?

  • Investor · Salt Lake City, UT · Member since 2016 · 81 posts · 16 votes
    7y

    @Mike Franco yep- I just had 2 tenants in the same unit do this. One for a brand new puppy and one for a rescue dog.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.