Tenants have a pet, violated lease, leaving in 6 weeks

Tenants have a pet, violated lease, leaving in 6 weeks

Oklahoma City, OK · Member since 2017 · 125 posts · 14 votes

So we have received word from our tenants that they wish to vacate in 6 weeks, at the end of their lease.  We notified them that we would like to come review the property in the next week so that we can assess when it will be available for the posting.  

We just happened to be in the neighborhood and drove by the property and saw a pet cage in the window, dog likely.  They did not have a pet when they took possession and never told us it was there.  So they have violated the lease terms and I have the right to keep the deposit.

I assume when we see the house the animal evidence will either be hidden or apparent.  Either way, my approach is to be very cool.  My attitude right now is as long as the property is left as it was when we turned it over the them originally and its ready to go for the next tenants, everything cleaned up, no animal scratches, holes in the carpet, bad smells, picture holes painted, carpet cleaned, oven, refrigerator, etc., then I don't really care.  Leave it nice and we can part ways and I will very likely give the deposit back if there is minimal effort from me and the house does not stink.

What say you guys?



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Rental Property Investor · Member since 2020 · 215 posts · 137 votes
5y

@Cali Skier

I always charge a non refundable pet deposit in my properties, AND they need to leave house clean with no smell or damage.

Your approach is nice, but on my contract theres a pet clause where states fine for breaking the agreement. If you dont have, then is hard to go for it, it could end in court, but i would start establishing a penalty in future leases...

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  • Oklahoma City, OK · Member since 2017 · 125 posts · 14 votes
    5y

    any help?

  • Property Manager · Denver, CO · Member since 2021 · 667 posts · 587 votes
    5y

    I don't know what your lease or state laws say about security deposits and pets but I think you are on the right track with letting it go if the place is left in good condition. If you try to keep the deposit, you could find yourself in front of a judge with the tenant claiming they were pet sitting for an elderly sick relative. Then you will be writing a check for treble damages. They are leaving soon, let it go unless you find the animal caused damage. 

  • Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
    5y

    It all depends on your lease and what you can prove.  If there is any damage take it from there.  You may want to speak to some of the neighbors and see if there was a pet.  If you wanted to be sneaky you could have someone you know stop by and knock on the door to see if they hear anything or find them on facebook, people love posting pictures of their pets.  My lease states that if they sneak a pet in I have no way of knowing when it came in so they owe the pet rent for the lease.  I don't know how enforceable this is but its there and could be used for a starting point to the negotiation and I'd probably let them submit some kind of proof of when they got it and pay for that period of time.  

  • Oklahoma City, OK · Member since 2017 · 125 posts · 14 votes
    5y

    Thanks to the both of you

  • Rental Property Investor · Member since 2020 · 215 posts · 137 votes
    5y

    @Cali Skier

    I always charge a non refundable pet deposit in my properties, AND they need to leave house clean with no smell or damage.

    Your approach is nice, but on my contract theres a pet clause where states fine for breaking the agreement. If you dont have, then is hard to go for it, it could end in court, but i would start establishing a penalty in future leases...

  • Oklahoma City, OK · Member since 2017 · 125 posts · 14 votes
    5y

    They told us they did not have a pet originally so we did not do a pet deposit.  Are you saying you do a pet deposit no matter what?

  • Investor · Columbus, OH · Member since 2017 · 861 posts · 1k+ votes
    5y
    Originally posted by @Cali Skier:

    So we have received word from our tenants that they wish to vacate in 6 weeks, at the end of their lease.  We notified them that we would like to come review the property in the next week so that we can assess when it will be available for the posting.  

    We just happened to be in the neighborhood and drove by the property and saw a pet cage in the window, dog likely.  They did not have a pet when they took possession and never told us it was there.  So they have violated the lease terms and I have the right to keep the deposit.

    I assume when we see the house the animal evidence will either be hidden or apparent.  Either way, my approach is to be very cool.  My attitude right now is as long as the property is left as it was when we turned it over the them originally and its ready to go for the next tenants, everything cleaned up, no animal scratches, holes in the carpet, bad smells, picture holes painted, carpet cleaned, oven, refrigerator, etc., then I don't really care.  Leave it nice and we can part ways and I will very likely give the deposit back if there is minimal effort from me and the house does not stink.

    What say you guys?


    I would say this is 100% the right approach except you said "they have violated the lease terms so I get to keep the deposit"...  I would check the terms of your lease and local laws, its usually only documented unpaid debts and actual damages can be deducted.  If you keep the deposit because you saw a dog cage in the window, and you get taken to court, you will have a bad time (3x damages)

  • Oklahoma City, OK · Member since 2017 · 125 posts · 14 votes
    5y

    Great point thank you. Currently I’m not really expecting to withhold their deposit, I just don’t think it’s the right thing to do, Grace is a better way to go. However if there’s damage in my house because of a dog, then I feel like that’s on them

  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    5y

    I'm not a fan of arbitrary "fines" that are not related to real damages. They may be useful in a carrot/stick approach but they are harder to uphold if challenged in court.

    In your circumstance, I would go through the property very carefully to ensure there is no hidden damage from the pet, and I would be less charitable when I found real damage. They can scratch up baseboards, doors, etc. There may be pet dander/odors in your hvac. Also look carefully for any area where the animal may have been kept during the day which may have flooring/trim that has been saturated in urine.  

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    Just because they violated the terms of the lease does NOT mean you can keep the deposit.  That is the only part of your post that I don't agree with.

    Look at the property and charge for any cleaning and damages.  Also make sure any bills they were paying that can be tied to the house have been paid.

  • Oklahoma City, OK · Member since 2017 · 125 posts · 14 votes
    5y

    Carpet in one of the bedrooms is totally destroyed, and there’s a ripped up part in the hallway. Any thoughts on how much it cost to replace the carpet in one room? The whole house of 1800 ft.²?

  • Oklahoma City, OK · Member since 2017 · 125 posts · 14 votes
    5y

    Ok, here is the current list of damages, which of these things am I allowed to charge for?  Can I charge some amount for my labor (mowing, cleaning appliances, pressure washing)

       Carpet in the master was destroyed and pee stained, had to pull pad and carpet.

       Two other places in the house the carpet was ripped (not as bad, but if I was a new tenant I would want it fixed)

       Two window sills are totally scratched up, really bad

       Two sets of blinds are chewed up

       Yards were not mowed, never weed wacked, not edged.  (I did all this myself this weekend)

       Back patio had to be pressure washed to get the muddy dog prints off

       Oven needed to be cleaned

       Refrigerator was attempted but not completely cleaned    

       Windows are not washed

       Carpets were not cleaned   

  • Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
    5y

    I'm sorry to hear that happened to you.  It is much harder to charge a tenant for damages and cleaning when you are the one to do the work.  I have in my lease I charge 45/hour but not sure how enforceable this is, I have been advised many times on here it is not legit but I stand by it and that is often cheaper than I can have it hired for.  I would hire out the work so that you have receipts for as much of it as you can.  Remember with carpet even if it was in perfect condition when they moved in it has a depreciable life and you are not entitled to new replacement costs of depreciated items.  When you did the final walkthrough with them did you call them out on it and what did they say, it sounds like the damage was apparent. Take a lot of pictures but I would be charging retroactive pet rent and take it up in court if they want to fight it, they most likely will threaten but  won't do it.  A lot of replies have said to just let it go on the pet rent but in my mind they stole income from you by not being upfront on the dog, I see no reason not to try to recoup those losses on top of damage.  

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    @Cali Skier everything you listed can be charged to the tenant. Carpet replacement will probably cost around $4 per square foot. It depends on quality and local installation prices.

    My lease includes a pet violation fee for when I catch unauthorized animals. If the tenant is close to moving out, the damage is already done so I probably wouldn't bother even mentioning it. Just deal with it when they are out. Handle repairs first, then cleaning, then unpaid charges like rent, utilities, or fines for lease violations.

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