I found the tenants used to have three unauthorized cats

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I found the tenants used to have three unauthorized cats

Ju Hyun K.
Raleigh, NC · Member since 2016 · 9 posts · 5 votes

Hello,

My lease has the following policy: (1) maximum two pets (more than two pets not allowed), (2) for each pet, nonrefundable deposit $250 mandatory, (3) For any pets and animals to be kept in or about the premise, the tenants must get the permission from landlord.

My tenants noticed two dogs and paid $500 as nonrefundable deposit. However, yesterday from their facebook, I found they actually have three additional unauthorized cats on top of the authorized two dogs. It seems like they fostered the cats. I am not sure if they still keep the cats. When I inspect the house, they successfully hid the cats and I couldn't find the cats.

The lease ends next month and so eviction is not very meaningful.

What can I do now? Can I deduct $750= 3*$250 from their security deposit with the evidence of facebook photos?

They don't know that I found this from their facebook yet. Please let me know if I can deduct the pet deposit from their security deposit. Thank you.

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

They violated the lease and owe you $750. If you feel the evidence is strong enough that it would stand up in court, deduct it from their deposit and move on.

I would focus on general cleaning and repair first. Is there any odor from the cats? After cleaning and repairs, then I would charge the deductible for the cats.

If the house is in great shape, they were really good renters, and the cats were only there for a short time, then I would probably let it slide. If they were there for months, I would at least charge a portion.

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

    They violated the lease and owe you $750. If you feel the evidence is strong enough that it would stand up in court, deduct it from their deposit and move on.

    I would focus on general cleaning and repair first. Is there any odor from the cats? After cleaning and repairs, then I would charge the deductible for the cats.

    If the house is in great shape, they were really good renters, and the cats were only there for a short time, then I would probably let it slide. If they were there for months, I would at least charge a portion.

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

    If you didn't notice evidence of the cats, it probably means that they are taking good care of the place and the cats are not causing a problem.  If their lease is up and they are moving, I'd leave it.  If you are renewing their lease, remind them 2 pets is all they are allowed.

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  • Ju Hyun K.
    OP
    Raleigh, NC · Member since 2016 · 9 posts · 5 votes
    5y

    @Nathan Gesner @Theresa Harris  

    Thank you for your answers. Unfortunately, the house was/is not in great shape compared to before I rent it to them. In my inspection, I just didn't realize it was caused by the cats. They have kids and dogs also and once they move out, there will be a lot of work to clean and repair the house. Thanks again.

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    Originally posted by @Ju Hyun K.:

    @Nathan Gesner @Theresa Harris  

    Thank you for your answers. Unfortunately, the house was/is not in great shape compared to before I rent it to them. In my inspection, I just didn't realize it was caused by the cats. They have kids and dogs also and once they move out, there will be a lot of work to clean and repair the house. Thanks again.

    In that case, I would not show mercy. Charge the cleaning and repairs first. Anything left over gets applied to the animal fee. If there's not enough money to cover everything, then you have to decide if you're going to leave it or go after them.

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  • Gail K.
    Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    5y

    Once the tenants have vacated take plenty of pictures to justify your reasons for the deductions to their security deposit.  As stated, cleaning and repairs first.  Then deductions for unauthorized animals.  Keep copies of what they have posted on their facebook site as evidence of these cats.  Amazing what people will post on their site.

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  • Scott Mac
    Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    5y

    Hi Ju,

    "Secret Pets" are very common--especially cats.

    The cats may become, the neighbors cats, just over for a visit and to play with, or outdoor cats that just looked cute and wandered in to play with.

    If there are no cats in the unit now, and no cat damage (there are already dogs present)....I'd just talk to them about the cats and let it go at that.

    Also, I think cats make better renters than dogs. Insurance issues. There are no "Pit Cats" and they rarely consume a neighbors child (unless they are lions). Plus they don't bark and bury their waste vs leaving it in the yard (not a nuisance). 

    Good Luck!

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  • Ju Hyun K.
    OP
    Raleigh, NC · Member since 2016 · 9 posts · 5 votes
    5y

    @Scott Mac

    @Gail K.

    Thank you so much for your thoughts. I will let you know how the house looks once they move out. I emailed them a few time that they need to repair as much as they can, otherwise the security deposit will be used to hire professionals to fix all the problems. I will use the security deposit for cleaning and repair and then I will deduct the unpaid pet fee. It turned out they actually had six (not three) unauthorized cats. Thank you.

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