Sneaking in an extra pet

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Sneaking in an extra pet

Amanda Thompson
Property Manager · Boise, ID · Member since 2021 · 119 posts · 48 votes

I have brand new tenants who apparently snuck in an extra cat. I was clear when we met that we have a 2 pet maximum. It's also stated more than once in the lease, and they have a pet addendum. My maintenance guy told me he saw 2 cats and a dog.

My fault: I didn't add a fine or fee for violating this specific rule. I guess it just falls under violating the lease... which means termination of lease. That seems excessive for a cat... but they did break the rules. Like, right away.

What are my options? I know I should follow the lease but can I do something else? I was thinking about telling them they either get rid of a pet or pay $50/mo for it. Our current pet rent is $50/mo for dogs and $25/mo for cats.

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

If it were mine, I'd just "Don't Know" the cat(s) are there.

Maybe they pay the extra $50 for a time (if they can afford it) then move out--to somewhere with a less punitive owner.

That way the rent checks just keep coming in and paying down the mortgage.

 And the likelihood of a turn is less.

Turns are costly, and best avoided.

Now I said cats, because:

[1] Two cats are not two puppies or two Pit Bulls.

[2] It will magically become the neighbors cat they just let in to play with their cat (and it may be).

I would not even bring it up, and just keep collecting the rent checks and paying down the mortgage.

Good Luck!

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  • Jerry Lucker
    Flipper/Rehabber · Seattle, WA · Member since 2015 · 333 posts · 459 votes
    5y

    I don't put up with tenants that violate a lease. If they lack integrity chances are you will have more problems and issues with them in the future. 

    6Reply
  • Matthew Irish-JonesBusiness Member
    Real Estate Agent · Buffalo, NY · Member since 2017 · 2k+ posts · 2k+ votes
    5y

    @Amanda Thompson its a lease violation and is cause to end the lease.  You can start the eviction process or consider adding an addendum to your lease to allow it but, get a higher pet deposit to cover 3 cats.  Make sure you check your state specific laws. 

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  • Greg WeikBusiness Member
    Property Manager · Denver, CO · Member since 2020 · 263 posts · 327 votes
    5y

    If they are willing to sneak in a pet this quickly, they are not tenants you want to keep.  

    Standard procedure is to post your state-specific notice of lease violation, and then perform a follow up inspection at the expiration of said notice, to determine if the violation is cured.  If it's not cured, then you can file an eviction.

    That said, the pet can also magically turn into an ESA.  I'd suggest just riding it out, and non-renew their lease when it comes up for expiration.  

    Curious - what was their credit score? 

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  • Amanda Thompson
    OP
    Property Manager · Boise, ID · Member since 2021 · 119 posts · 48 votes
    5y

    @Jerry Lucker ugh that's what I'm worried about! So, lease termination??

    0Reply
  • Amanda Thompson
    OP
    Property Manager · Boise, ID · Member since 2021 · 119 posts · 48 votes
    5y

    @Greg Weik I have Minimum Qualification Standards that say the credit score must be over 600. They passed all my standards and seem like very nice people. Both veterans.

    0Reply
  • Scott M.
    Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
    5y

    In today's world lease termination because of an extra pet is not always easy.  I mean, you can ask them to leave but what is the current eviction status in your local area?  Can you terminate for something as minor as an extra animal?  Even locally I would have to say it is 50/50.  Comes down to which court would have the hearing.  Before you do anything I would make sure you know what legal options you have should you go down this road.  You serve notice of lease violation and then what if they don't leave.  If you don't have the backing of the court you may prefer to start down a different road and add the extra pet / charge for it.  

    But before you start down a road, make sure you know where that road will lead.  

    0Reply
  • Scott Mac
    Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    5y

    If it were mine, I'd just "Don't Know" the cat(s) are there.

    Maybe they pay the extra $50 for a time (if they can afford it) then move out--to somewhere with a less punitive owner.

    That way the rent checks just keep coming in and paying down the mortgage.

     And the likelihood of a turn is less.

    Turns are costly, and best avoided.

    Now I said cats, because:

    [1] Two cats are not two puppies or two Pit Bulls.

    [2] It will magically become the neighbors cat they just let in to play with their cat (and it may be).

    I would not even bring it up, and just keep collecting the rent checks and paying down the mortgage.

    Good Luck!

    6Reply
  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    5y

    My lease says if they have unapproved animals on the property they lose their entire deposit. 

    My lease also says if I find unapproved people they are an extra $100/person per month. After I catch them of course.

    1Reply
  • Wale LawalBusiness Member
    Real Estate Broker · Houston | Dallas | Austin, TX · Member since 2018 · 5k+ posts · 2k+ votes
    5y

    At the end of the day they did violated the lease. Have you had a chance to talk to the tenants?

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  • Allen McGlashing
    Investor · Cambridge, MA · Member since 2017 · 195 posts · 106 votes
    5y

    @Amanda Thompson

    1. So you have a couple options.

    You could ask them to pay for the extra pet as you have a $25 per cat policy in the lease.

    You could terminate their lease. This could be costly by getting them out and loosing a months rent. Turnover is the killer of capital.

    You could ask them to get ride of the cat.

    • What I believe I would do is if this is the only problem you are having with the tenant I would ask them to pay the extra $25/month and also a set deposit (if you already got one I would increase it). I would avoid going the eviction route over such a small matter. You lose time and money going that route for something so minuscule. MY OPINION.

    • GOOD LUCK I HOPE IT WORKS OUT IN YOUR FAVOR.
    1Reply
  • Max T.
    Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    5y

    @Amanda Thompson

    When does their lease come up for renewal?

    I would address it right away and start charging the 50.

    If they are super apologetic and give you no problems then I might consider letting them renew when the time comes. But at this point I’m leaning toward non renewal.

    I had almost the exact same situation. Tenant with approved dog has 2 cats a couple months after moving in. Turns out they were his mothers who could no longer care for them. I was pissed about it and have been charging them for it. But that was 3+ years ago and that has been my only complaint about them.

    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    Originally posted by @Amanda Thompson:

    I have brand new tenants who apparently snuck in an extra cat. I was clear when we met that we have a 2 pet maximum. It's also stated more than once in the lease, and they have a pet addendum. My maintenance guy told me he saw 2 cats and a dog.

    My fault: I didn't add a fine or fee for violating this specific rule. I guess it just falls under violating the lease... which means termination of lease. That seems excessive for a cat... but they did break the rules. Like, right away.

    What are my options? I know I should follow the lease but can I do something else? I was thinking about telling them they either get rid of a pet or pay $50/mo for it. Our current pet rent is $50/mo for dogs and $25/mo for cats.

    My experience tells me that a tenant willing to break one rule is willing to break two. Yes, there's a chance this is the only rule they'll break and they may end up being your best renters ever. The more likely result is that you will have additional problems with them.

    I would serve them notice of termination and start from scratch. Fix your lease to ensure it stipulates stiff penalties or termination for violations.

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  • Sam Fickel
    Lender · Pasco, WA · Member since 2020 · 84 posts · 50 votes
    5y

    @Amanda Thompson any chance they were merely pet sitting? Did your maintenance guy see all 3 pets just once or a few times?

    0Reply
  • Ishmael Johnson
    New to Real Estate · NY · Member since 2020 · 196 posts · 29 votes
    5y

    @Amanda Thompson

    Following

    0Reply
  • Ishmael Johnson
    New to Real Estate · NY · Member since 2020 · 196 posts · 29 votes
    5y

    @Scott M.

    How should notice of lease violation be given to the tenant ?

    In person, via mail?

    How many days after violation is noticed?

    0Reply
  • Marcus Auerbach
    Investor · Milwaukee - Mequon, WI · Member since 2010 · 5k+ posts · 7k+ votes
    5y

    @Amanda Thompson - let's keep things in perspective, it's an additional cat. 

    I don't buy the "willing to break one rule is willing to break two" narrative. This is an opportunity to gain loyal long term tenants that are greatful and at the same time to remind them there are rules and they cant just do whatever they want. 

    Plus your reaction will determine if your realtionship will be controversioal or cooperative. Turnover is your single biggest expense. Let that sink in. We figure an average turnover does cost us about 5k. I'd be happy with a second cat, charge another $25 bucks and have tenants forever.

    We have been pet friendly for over ten years, I think our pet rents alone are well over $1,000 a month and I do not see a pattern of negative impact on properties - some isolated issues yes and normally they are very willing to pay for it, but kids are way worse than pets. Or messy people in general.

    4Reply
  • Scott M.
    Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
    5y

    Notice should be done in person or taped the door.  Should be done when the violation is known and provable but this is also case by case and depends what else, if anything is going on.  

    0Reply
  • James Wise
    Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    5y
    Originally posted by @Amanda Thompson:

    I have brand new tenants who apparently snuck in an extra cat. I was clear when we met that we have a 2 pet maximum. It's also stated more than once in the lease, and they have a pet addendum. My maintenance guy told me he saw 2 cats and a dog.

    My fault: I didn't add a fine or fee for violating this specific rule. I guess it just falls under violating the lease... which means termination of lease. That seems excessive for a cat... but they did break the rules. Like, right away.

    What are my options? I know I should follow the lease but can I do something else? I was thinking about telling them they either get rid of a pet or pay $50/mo for it. Our current pet rent is $50/mo for dogs and $25/mo for cats.

     Having had 1,000's of tenants over the years I can unequivocally say that this behavior is par for the course. You've got to accept the reality that people are going to do this. This is why we've never banned pets and always charged a pet fee. Collecting some amount of pet fees like you did puts you ahead of the 8 ball. This won't be the last time this happens, going forward adjust your expectations and perhaps pricing to account for this happening often.

    1Reply
  • Karla Simmons
    Vacaville, CA · Member since 2019 · 218 posts · 140 votes
    5y

    @Amanda Thompson

    I have never had a cat, but I have been told their urine can get into the floorboards or even into the concrete slab and that the odor is very hard to eliminate. For that reason, I do not allow cats. I would be tempted to tell the tenant that you will have to evict if they do not re-home the cat. There is always the chance they will just be sneaky and never get rid of it, but if you have these things documented it would be to your benefit, especially when they move out one day and there are odors that can’t be eliminated.

    0Reply
  • Jim Cellini
    RI · Member since 2018 · 48 posts · 13 votes
    5y

    I have 2 cats and a dog I share with my wife. Since we moved in together in in 2015 up until we purchased our first home in 2019, we reported 1 dog and 1 cat every time. 1 extra cat in addition to a cat and a dog does literally 0 extra damage to an apartment unit, at least for us. I don't think them doing this means they're going to necessarily do other things that violate the lease. 

    If I had tenants that did this I would not do anything until the next lease renewal, then adjust fees accordingly. Do you really want to *evict* a tenant, and go through that entire process, all because of 1 cat? That seems quite excessive to me both morally and from a strictly financial standpoint. 

    Put it this way, the cost of eviction and missed rent along with vacancy has to be significantly greater than what 1 additional cat would ever do. 

    Just my $0.02.

    1Reply
  • Sean McKee
    Rental Property Investor · Chicago, IL · Member since 2017 · 266 posts · 188 votes
    5y

    In your case I'd terminate. In my opinion that's way too many pets.  I've had someone sneak a pet on before. I worked with them and they turned into an absolute disaster. If they bend one rule, they will bend more.

    This is a potential warning sign of a tenant willing to do whatever they want. She is clearly testing the waters. If you do decide to keep them as tenants. Make the pay a 200 dollar pet fee and charge them an extra hundred a month. If they become annoying later, at least you are getting paid for it.

    0Reply
  • Curtis Mears
    Property Manager · Raleigh, NC · Member since 2014 · 728 posts · 596 votes
    5y

    @Amanda Thompson

    Not sure what your lease says, but mine gives them 30 days to correct an issue before I can evict. Have you told them they are I violation and have to remove the additional pet?

    0Reply
  • Grant Davenport
    Real Estate Consultant · Halifax, NS · Member since 2021 · 26 posts · 2 votes
    5y

    Hi Amanda, 

    I think what it comes down to is not whether you have the right to take legal or financial action against your tenant, but rather whether or not you should. In reality you may be able to evict or have them pay an additional $20-$50 a month in rent. However, pursuing this may not be the best long-term play. I believe that the cost of loosing rent from an eviction or cost of a torn relationship that would build spite could result in a worse situation. Resentment on the part of the tenant could result in an outcome of damages or difficulty when requiring them to do something (like allow you to access the property or show new tenants). Although its difficult to not take action when you feel deceived, I would vent this to friends, punch a pillow, or maybe knock on their door and run away. 
    This situation could also be used in the future to evict if you needs grounds for a legal eviction. 

    Good luck and let Karma always be in your favour. 

    0Reply
  • Amanda Thompson
    OP
    Property Manager · Boise, ID · Member since 2021 · 119 posts · 48 votes
    5y

    @Marcus Auerbach totally. In my opinion, it's just a cat. On the other hand, it shows lack of character for sneaking it in, which is a bigger issue. I don't want them to walk all over me in the future, but I really don't think I'm willing to kick them out just for this. I liked your comment about the future of our relationship is dependent on my reaction. Plus, they just moved in and have a 12-month lease.

    1Reply
  • Amanda Thompson
    OP
    Property Manager · Boise, ID · Member since 2021 · 119 posts · 48 votes
    5y

    @Karla Simmons good point, having a paper trail in case we have to do extensive repairs afterwards!

    0Reply
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