No matter how detailed your pet policy, you’ll likely still have tenants who break the rules. If this happens, you have plenty of options for handling the situation.
What is a Pet Policy?
A pet policy dictates the rules for having a pet in the leased unit. It protects both the landlord and tenant by outlining expectations and conduct regarding pet ownership.
Since a lease is legally binding, tenants must uphold the guidelines. Some guidelines that are typically included in a pet policy are:
- Types of pets allowed. Some pet policies allow dogs but not cats, while others may allow only fish. The type of animal allowed will depend on what is written in the lease.
- Number of pets allowed. Some tenants are allowed to have one or more pets, while others may have an unlimited number of pets.
- Pet deposits or additional monthly charges. Additional fees may be associated with having a pet, such as a pet security deposit or an increased monthly pet rent. This is to ensure that the landlord is covered in the event of damages.
- No-pet policies. Certain leases will simply state that no pets are allowed under any circumstances.
- Breed restrictions. Certain breeds of animals, such as pit bulls and rottweilers, are associated with dangerous personalities. As such, leases may have provisions restricting certain breeds to ensure the safety of other tenants.
- Weight restrictions. A landlord may prefer smaller animals due to a smaller living space or want to minimize the potential for injury by only allowing smaller animals on the property.
Service Animals Under the Americans with Disabilities Act (ADA)
Sometimes, a tenant may get (or bring with them) a service animal even though you have a no pets policy. Emotional support animals, therapy animals, and service animals will likely be allowed regardless of your pet policy because these animals are not considered to be pets under the Fair Housing Act.
How Tenants Can Get Around a No Pet Policy
Even where there is a no-pet policy, there are ways in which a tenant can bring the pet on the premises without you knowing:
- Your tenant begins caring for a pet for a family member or friend who needs help
- Your tenant is watching someone’s pet for the weekend
- Your tenant adopts a pet from the shelter and does not tell you
- Your tenant picks a stray off the street and begins caring for it
Sometimes, the pet is only meant to stay for a temporary period of time, so the tenant may not think of notifying you. On the other hand, some tenants purposely violate the lease terms and hide their pets from landlords.
Whatever the case, it’s important that you have a specific protocol that can be followed. Enforcing lease terms is essential to effective property management.
Signs of Unauthorized Pets
Sometimes, a tenant will bring a pet into the unit without your knowledge. However, the pet’s presence may be brought to your attention by a neighbor who heard the pet or noticed the pet outside. When brought to your attention, you should schedule a maintenance check.
You should investigate if you suspect your tenant is keeping a pet without your permission. A few signs that a pet might be in the unit are:
- Fur on the carpet and furniture
- Chew/bite marks on the furniture
- Pet odors
- Scratch marks on the walls, doors, and floor
- Pulled threads from the carpet
What to Do When There is an Unauthorized Pet
Upon finding out there is an unauthorized pet on the premises, there are a few steps you can take to address the situation:
- Check the lease
- Send a notice of a lease violation
- Begin the eviction process
Check the Lease
If you suspect a tenant has a pet on the premises, the first thing to do is check the lease. The lease should clearly state the pet policy and outline what will happen if an unauthorized pet is discovered.
If there is a no-pets policy, then the tenant will be considered to have breached the contract.
Send a Notice of a Lease Violation
With the tenant having breached the contract, the next step would be to notify the tenant of the violation. It is best to follow formal procedures when dealing with a lease violation. Although you could speak in person or call the tenant, send the official notice of the lease violation in case you need evidence for court.
Begin the Eviction Process
Depending on your state, there will be different requirements when beginning the eviction process. In some states, landlords must send a lease violation notice, allowing the tenant to cure the violation. In others, landlords do not need to allow the tenant to cure the violation and can immediately begin the eviction process.
Nonetheless, once the notice and timing requirements have been met, you can file in court to evict the tenant.
