Tenants pet died should I end pet fee?

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Tenants pet died should I end pet fee?

Joe CapobiancoPro Member
Old Bridge, NJ · Member since 2013 · 80 posts · 11 votes

Tenants have been in my rental since February with their dog and they pay $50 month extra as a pet fee. In NJ I cannot accept a pet deposit and security deposit so I decided to add the monthly pet fee.  

  The dog died a couple weeks ago and I wasn't sure if I should continue with collecting the $50 until the lease is up because I'm not sure if any damage from the pet these last few months occurred. I didn't specify in the lease about "in case of pets death" and they didn't mention to me about going out to find another pet immediately either. I wasn't sure if I should just stop the pet fee or ask to do an inspection to make sure the pet didn't damage anything. 

  They have been great tenants as far as timely payments and will notified me if there was an issues in or around the home since they've been there. I also pick up the rent in person every month so I don't think hiding a dog would be very easy for them if they do decide to not tell me

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Ryder Cotton
Realtor · Nashville TN Long Beach, CA · Member since 2018 · 20 posts · 21 votes
5y

IMO - 1. Send condolences 
2. Security deposit collected should remain in place until they move out

3. Ask what their plans are regarding a new pet. 

4. If they say they don't plan on getting another animal, amend the contract and remove the $50/mo. Or if they do plan on getting another dog then pause payments for them until they do. 

At the end of the day, the security deposit has been collected to cover any damages at the end of their lease (outside of normal wear & tear) & they shouldn't be forced to pay a pet fee is there is no pet. 

If you're concerned about them lying to you about another potential pet, just remember that you have their security deposit to lean on as well. 

Let me know if you have any questions.

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

    Remove the $50 per month. However, please make tenants aware of the changes made if they get another dog. It is important to maintain strong communication with your tenant, and you are also being fair to their circumstance.

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  • Shera Linares
    Investor · Foothill Ranch, CA · Member since 2021 · 35 posts · 25 votes
    5y

    @Matt M.

    Kids are worse I believe! Lol if only we could get away with charging a monthly rent per child, or maybe collect a child deposit. Haha.

    3Reply
  • Matt M.
    Specialist · Easton, PA · Member since 2018 · 1k+ posts · 2k+ votes
    5y

    @Shera Linares

    Well, sometimes. But I’d much rather fix drywall than deal with pet mess and stink that lingers forever. I have yet to have to replace flooring due to kids going to the bathroom on the floor haha 

    1Reply
  • Shera Linares
    Investor · Foothill Ranch, CA · Member since 2021 · 35 posts · 25 votes
    5y

    @Matt M.

    I’m sure you’re right. It’s just unfortunate when people let their pets destroy a house.

    0Reply
  • Matt M.
    Specialist · Easton, PA · Member since 2018 · 1k+ posts · 2k+ votes
    5y

    @Shera Linares

    Yup. Can’t tell you how many times I’ve seen it/repaired it. Luckily for clients and not my places 

    0Reply
  • Andrew B.
    Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    5y
    Originally posted by @Justin Sullivan:

    @Mary M.

    So I actually had this exact problem happen to me recently. I purchased AT&T phones and intended on switching from T mobile only to find out I would have to pay off all my brand new phones at T mobile and take a few hundred dollar loss along with putting out almost $3,000. So we returned the phone and thought we were done only to find a charge from Allstate hitting my business account for $32. and some change. I saw it once and just chalked it up as a insurance payment for one of my properties. But then I saw it again and dug in and found out I was charged 10 times totaling over $300 for something I never even needed. So I called the company and fought for my money back only to hear One month refund then two then three then the absolute max is no more not changing. But then I decided to split the difference I was at 10 months they were at 6 so I said lets refund 8 and you guys keep two. They quickly agreed and I got $255 refund and they got to keep around $60 for my mistake of not noticing this payment coming out of my checking account. Companies do this **** all the time. They keep deposits take extra money. If the tenants don't want another pet and don't want to pay the extra fee then they can speak up to their landlord and say we aren't getting another pet so we want to have the pet charge removed. Until then I say put it in escrow and let them mourn their pet. Some pets are family I know I would be devastated if my dog died even If it was expected, and I wouldn't want to hear about money while mourning my pet. I am not saying for him to pocket the money but to keep the charge on and set that money aside so it can be given back at a later date or just reinstated once they get a new pet. 

    Honestly none of us know anything and really should be asking an atttorney what to do to prevent any legal troubles. I just know that if you keep the money set aside in its own account you can't get in any trouble for taking it if you aren't suppose to which I don't even know. For all we know the pet fee could be for the entire lease due to extra wear and tear from the pet and him not be able to take it off even if the pet dies. We don't know until we look up the laws or speak with an attorney who did. But I do like hearing your point of view on the situation!

    P.S. Comcast cable charges everyone a sports fee so they don't have to charge extra for the sports package and I hate football, baseball, basketball and don't ever watch them. Played them as a kid but don't like them now but I still pay it and have no choice!!!

     This is the kind of comparison I would expect from some Anti-Science Karen/Ken on Facebook who is twisting everything to pretend she/he is right. 

    Your cute little story has nothing to do with this situation. A better comparison would be to say you've downgraded your cable package and Comcast has generously chosen keep charging you the full package "just in case" you decide to upgrade again later. Would that seem ethical?

    3Reply
  • Michael Temple
    Rental Property Investor · Toledo, OH · Member since 2017 · 262 posts · 215 votes
    5y

    @Joe Capobianco I would ask to do an inspection and assuming everything looks good and they have no plans to replace the pet I would drop the fee. Simply tell them if they decide to get another pet to let you know and you will put the fee back on. It sounds like they are honest and wouldn't try and slip it past you so I would give a little on this one. I think it might build some goodwill.

    0Reply
  • Chad McMahan
    Residential Real Estate Broker · Sedona, AZ · Member since 2017 · 754 posts · 504 votes
    5y

    I'm seeing a lot of great advice, here. I would simply communicate with the tenant about it to see if they will get another pet. If it's yes or maybe, keep it rolling. A hard "No" means getting it in writing and having them sign/date, that they are in breach of contract if they get a pet without notifying you and paying the monthly fee, again.

    0Reply
  • Account Closed
    Member since 2021 · 237 posts · 153 votes
    5y

    @Joe Capobianco

    Always specific animal, specific license, with photo of animal and always add to regular rent. Lease reads no animals. Addendum says animal X with those specifics can stay as long as [list rules]. That is if your jurisdiction allows all the above.

    This allows you the opportunity to decrease if market has not changed or they’ve been awesome tenants etc. And I generally require an extension of the lease if that is the case. Then when they do replace Fido, addendum increases rent as you are able to. If they don’t sign the increase addendum, I don’t allow the new animal. And always screen animals thoroughly. Again, if possible in your jurisdiction.

    Lastly, use language like “animal” not pet. As soon as you say pet they say “esa” and you lose. You’ll likely lose anyway, if they’re that kind of tenant. But I don’t deal with that kind of tenant for a day longer than I’m required to. Where I’m at an esa has zero rights.

    0Reply
  • Jim K.
    Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    5y
    Originally posted by @Justin Sullivan:

    @Jim K.

    "it is better to be feared then loved, if you cannot be both."

    "Never was anything great achieved without danger"

    I am hoping you know who the speaker of these quotes are. I would rather be feared then loved and Ill take the risk of dealing with the magistrates and explaining a simple escrow account over losing money on a business transaction.

    Somehow, you've managed to forego the warning against being hated for needless cruelty in your first quote and you equate grifting $50/month more out of a tenant for a pet that doesn't exist with "something great."

    I get it, your pride's been stung. And you've certainly got plenty of mouths to feed. And you do have a point, there's no telling how much damage the pet's caused, the tenant could get another pet, escrow accounts are a well-established way of doing business. But doing things your way, the tenant's pet died and you're still taking $50/month out of their pocket for a pet that doesn't exist for damage that may or may not exist: "Sorry for your loss, but I'm not sure you've lost enough!"

    Can you muster up the bare empathy to see things the way the tenant probably would and the taste this would leave in any elected official's mouth if they had to adjudicate a petty, grasping, little dispute like this?

    it's certainly left a taste in mine. If Machiavelli won't do, we can turn to Shakepeare's merchant, Shylock, wandering the streets of Venice and crying out after his daughter and the ducats she took with her when she eloped, with no one being sure which one he valued more. There's a warning in that, too, about this sort of cruelty: "The villainy you teach me I will execute--and it shall go hard but I will better the instruction." Shylock doesn't end well.

    1Reply
  • Bill F.
    Investor · Boston, MA · Member since 2015 · 1k+ posts · 3k+ votes
    5y
    Originally posted by @Justin Sullivan:

    @Jim K.

    "it is better to be feared then loved, if you cannot be both."

    "Never was anything great achieved without danger"

    I am hoping you know who the speaker of these quotes are. I would rather be feared then loved and Ill take the risk of dealing with the magistrates and explaining a simple escrow account over losing money on a business transaction.

    Spoken like someone who has never stood in from of a housing court judge, stroked a large check to a lawyer, or taken a contracts class. 

    “Every prince ought to desire to be considered compassionate and not cruel.”

    We can keep this up all day. Cherry-picking quotes WAY out of context to help prove our individual points, but that's a waste of time. At the end of the day, it is a pet fee. If they no longer have a pet, then they shouldn't have a fee. Where the reason for the rule ends so should the rule. 

    OP can ask them if they intend to get a pet and work something out, but to keep charging it and hope they don't notice is unethical and gives landlords a bad name. 

    Also this false bravado about $50/month is foolish. How are your tenants going to fear you? What danger must be undertaken in the rental game? This isn't logging, the deadliest catch, or being a private military contractor in Herat.

    A bit of perspective goes a long way

     

    3Reply
  • Henry Lazerow
    Real Estate Agent · Chicago, IL · Member since 2017 · 2k+ posts · 2k+ votes
    5y

    Is this a joke? Of course you stop charging pet rent if their pet dies. No wonder so many people hate landlords lmao 

    2Reply
  • Ed Brancheau
    Real Estate Coach · San Diego, CA · Member since 2019 · 166 posts · 121 votes
    5y

    Yes, end it because it's not for damage or cleaning. Plus, it's just goodwill. Just let them know that if they get another pet, the fee will come back. Don't completely waive it forever because that could lead to discrimination cases.

    Never give special treatment to any tenants. A friend of mine did because they were tenants for five years and he got sued by a new tenant who claimed he was discriminating against him. Of course, he wasn't but he couldn't prove it so he lost and it cost him a lot of money.

    1Reply
  • Justin Sullivan
    Real Estate Agent · Phoenix, AZ · Member since 2019 · 158 posts · 140 votes
    5y

    You guys all took this way to far. I simply started off by saying to put It in an escrow account. Do any of you even know what that is? I doubt you understand the purpose of that considering the flack you guys are giving me over it. Honestly what everyone said means absolutely nothing and is just good to see another point of view. What really matters is what the lease says and what advice he gets from an attorney. It is cool to see how many different point of views everyone can have. Really you guys lost me when you spoke about Facebook. Just the fact that you use that app says a lot about you. But I am done arguing my views. I would do whatever my lease says if I accepted pets and if I did the fee would be for the entire term of the lease and be stated in my lease pending my attorney approvals.  Always follow the lease or speak with an attorney. You don't just remove a fee and break your lease since the pet died. Now that lease is null and void because the landlord broke it and no telling what the tenant could do at that point. It's not likely that someone will squat or refuse to pay if they are good and paying but crazier things have happened. So, IN MY OPINION, the best thing to do is continue to collect the fee and set it aside, IN AN ESCROW ACCOUNT (which is a separate account which doesn't bare interest nor is allowed to be touch or moved) until a later date upon speaking with your tenant and an attorney to come up with the proper legal game plan. No one is taking that money and pocketing it.

    P.S. I don't really care about the guy I quoted. I literally just googled his name and surprising his quote met my points so it worked out perfectly. Yes Jim I do have plenty of mouths to feed because I like kids and love my family. My wife and I are happily married and we enjoy our life. Why are you concerned with my family size? Does that sting your pride since you may not have one? If you want to get real I don't care at all about what you say or do. This is a discussion platform so that is what I am using it for. Everyone has different points of views hence the back and forth which is healthy and good until you get someone like you who get all butt hurt when someone doesn't see things your way. This is part of the problem with our government. You probably voted for Biden and approve of all this democratic ******** going on in our country right now. I get it you read some Shakespeare and philosophical **** on your many lonely nights and now you want to show off that you read books and can remember quotes. News flash dude, NO ONE CARES about macheveelli or Shakespeare. This is the real world not back in the day anymore.

    0Reply
  • Marci Stein
    Rental Property Investor · New York, NY · Member since 2011 · 956 posts · 510 votes
    5y

    I’d be hard-pressed to charge my tenant a pet fee if there is no pet

    0Reply
  • Joe CapobiancoPro Member
    OP
    Old Bridge, NJ · Member since 2013 · 80 posts · 11 votes
    5y
    Originally posted by @Marci Stein:

    I’d be hard-pressed to charge my tenant a pet fee if there is no pet

    yea, that's why I posted in here to ask for advice. I overlooked the pet fee being a fee to allow an animal in my home. Instead I saw it as a fee if the animal damages anything. completely forgot the security deposit should be able to cover me in that case. 

    0Reply
  • Ed Brancheau
    Real Estate Coach · San Diego, CA · Member since 2019 · 166 posts · 121 votes
    5y

    @Matt M. Especially cat urine. That smell is so tough to get out. At least 10X harder than dog urine.

    0Reply
  • Ed Brancheau
    Real Estate Coach · San Diego, CA · Member since 2019 · 166 posts · 121 votes
    5y

    Whatever you decide, it's very important to apply the rule to everyone in the building -- if it's a building or if you own a row of properties -- to avoid any discrimination claims.

    You are making your decision on the basis of the pet but if anyone thinks that you discriminated against them because of their race, creed, color, etc and are just using the pet as a pretense to get rid of them, you'll have a hard time proving your intent when you didn't change the rules for everyone.

    0Reply
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