Investor · Columbus , OH · Member since 2010 · 311 posts · 51 votes
I stop by one of out rentals yesterday to see the plumber's work. i met the tenant smoking in the living room and heard a dog barking upstairs.
We have a no smoking & pet policy in our lease.
I told her both her not allowed in the units and she lied that the dog belongs to her mum and she took the dog out with her while I was there. I can tell that she was lying and my plumber confirm that he saw the dog there the previous day.
What should I do next? Send her a warning letter of violation of the terms in her lease?
How do I ensure she is still not smoking in the house?
Thanks for sharing for view
Tracey.
I caught a tenant keeping a dog. My manager sent them a letter and did nothing else. I finally had to kick them out for not paying rent and there was dog piss stains all over the carpet. the whole house had a dog pee smell.
Next time, I will immediately evict the tenants and will also let them know up front that I will evict them with no second chances for having a dog. These types of people usually cause other types of damage as well.
If it were me, I would issue a Cure or Quit notice to the tenant immediately. In my state, it is a 3 day notice. But that can vary by state so check your state's local law.
Decide if you want to evict or accept it. They won't stop smoking inside and they will continue to lie about a pet whether it be this one or another one later.
I caught a tenant keeping a dog. My manager sent them a letter and did nothing else. I finally had to kick them out for not paying rent and there was dog piss stains all over the carpet. the whole house had a dog pee smell.
Next time, I will immediately evict the tenants and will also let them know up front that I will evict them with no second chances for having a dog. These types of people usually cause other types of damage as well.
I would evict for indoor smoking, no second thoughts.
For pets, I've seen pets go both ways. I've seen some people who sneak in a pet and are extra careful with the carpet/barking because it's snuck in. I've had pets when I lived in rental properties and was careful. I've also seen people with allowed pets let their pets pee all over the floor and jump on doors. If you have new carpet or an executive property, I understand no pets no way and would send a cure or quit about the dog & smoking.
I think I would get a pet deposit if I was you, if your lease allows pets with permission or deposit. You don't want to not enforce your lease, but I don't know that I would evict for an unauthorized dog if the tenant was otherwise good. Deposit or pet rent, yes.
Smoking is what I would evict for. Inside smoking smells up a property 100% of the time, plus fire risk. Pets can cause damage, but at least sometimes they don't. Smoking always smells.
Since you've got a tenant violating the lease on 2 major issues, perhaps they should be evicted. I'm a bit of a softy for dogs. But, I don't allow dogs because I have white carpet and huge windows.
I'd post notice to Cure or Quit on both. I'd also state that if smoking is seen again in the property that you will be forced to evict them. Remind them that they signed the lease accepting their responsibilities; you keep the property in working order and they keep your property in a clean and undamaged condition.
Also remind them how much would need to be deducted from their security deposit to repaint and repair floors from smoke damage.
Is there a cash penalty in your lease for either violation?
I actually allow pets (with a deposit), but my lease specifies a penalty for bringing them in without permission. There's also a clause that I require the tenant to initial stating that pets are never "guests". No pet sitting, watching grandma's dog, etc, since that seems to be the method most tenants use to sneak in pets.
I'm curious if you're the one leasing this property, or if there's a pm in the middle?
When leasing a property, I go over the entire lease with the tenant - there's no excuse that they weren't told very clearly what the expectations were. If they violate the conditions of the lease after that, it's more of a respect thing than anything else, and all bets would be off.
My lease state that smoking is not allowed and violation can leads to eviction and pets are not allowed in the property but there is no cash penalty in the lease for violating both.
I will post a cure or quit notice on her door tomorrow.
My other questions is how can I be sure she is not smoking or having the dog in the units again?
Thanks
Tracey
for pets, I usually allow small dogs, I will require a monthly pet fee as well, $15 -$20 pwr pet. For indoor smoking I make them very aware that it will be very costly for them to smoke in the house. I am a smoker myself and smoke outside. I explain that if they smoke in the house, every square in of the interior needs to be scrubbed and then walls painted and carpets need a deep cleaning at best. They are looking at $2,000 minimum so it isn't worth it.
I deliver cure or quit in person and in a case like that will come back in a week to do an inspection. Might swing by in a couple days to see if you can see signs of smoking or pet in the house before the week. If you will allow pets and it is her pet set it up that way and collect your monthly fee and deposit and get proper documentation on the pet. Let her know to inform you ahead of time if they will be pet sitting so it doesn't happen again as next time it will be a 14 day termination notice (check state law).
boy, this is a hard one. people say "quit"... that's easy for the pet.you can tell if the pet is there or not. but what about the smoking? how can you tell if they continue to smoke or they have stopped?
i noticed a few "extra" pets in some of the properties we have. not sure what to do about that....
My lease has a clause stating that "guest pets" are not allowed and are treated the same as "unapproved pets." In either case, $100 / month in pet rent is due retroactive to the lease start date, since it can not be determined when they began sneaking the pet in.
All damages / cost of new carpet from security deposit are spelled out as well.