Landlords and property managers have several reasons why the might create a pet policy for their rental property.
A good pet policy will protect the property, comply with insurance, and keep your tenants safe and happy. For these very reasons, some managers and owners will decide that “no pets allowed” is their policy.
If you have a pet-free property, inevitably you will encounter a tenant who decides to sneak an unauthorized pet into their rental.
Unauthorized pets are typically discovered by management during a routine inspection or a drive by inspection, by maintenance doing a repair on the house, or by a neighboring tenant who sees the pet or hears barking through the walls.
Landlords and property managers need to be prepared for handling the unauthorized pet situation legally and professionally.
Remember, that your tenant has probably bonded with the pet and removing the animal could be emotional. You need to stick to your lease terms and follow legal procedures to get your tenant to remedy the lease violation.
What does your Pet-Policy and Lease Agreement say?
Your lease agreement should clearly state your pet-policy and outline what will happen if an unauthorized pet is discovered.
If you have a no-pets policy, state that pets are not allowed under any circumstances and if a tenant has one, it will be considered a breach of contract. Additionally, clearly state what fines will be assessed (if any) if an authorized pet is discovered and how many warnings (if any) you will give.
Before they move in, let your tenants know that you intend to schedule quarterly “maintenance visits” to test smoke alarms, replace furnace filters, etc. If they know you plan to visit the property every few months, they’ll be less likely to try to keep an animal on the sly.
If you discover an unauthorized pet, stick to your pet policy. Send the notice, collect the fine, and move forward with an eviction if necessary.
Here are a couple unauthorized pet scenarios:
- Your tenant adopted a pet at a local shelter and didn’t tell you.
- Your tenant decided to move their parents’ dog in temporarily (or forever) because their parents asked for help.
- A stray wandered into the backyard and your tenants started feeding it and letting it inside every now and then.
- Your tenant is watching a friend’s pet while they are on vacation.
- Your tenant’s pet-owning friend is just over hanging out and brought their dog along.
In some of these scenarios, it’s clear that your tenant was only keeping a pet temporarily, and might not think of themselves as violating the pet policy. In other cases, such as adopting a new pet, they made a clear choice to violate the terms of their rental contract.
Regardless of the situation, and whether or not the tenant brought a pet onto the property temporarily, you need to stick to your lease and follow through with lease violation procedure.
What to do when you discover the unauthorized pet
If you suspect that your tenant is keeping a pet you haven’t agreed to, it is a good idea to get photographic evidence, if possible. Then follow through on the terms of your agreement.
Typically, you will send your tenant an official notice stating the lease violation and the timeline in which the tenant needs to fix the situation (ie remove the pet). This timeline is largely dependent on your state laws and what your lease says. In some cases, you can give your 24hrs to remove the pet while other states may require 3-7 days to remedy the situation.
Tell your tenant that if they do not comply with the timeline to remove the unauthorized pet, you will move forward with an eviction.
You should also inform your tenant of any fines they incurred due to the lease violation, and remind your tenant that they will responsible for any damages caused by the unauthorized pet.
Official Notice of Unauthorized Pet Lease Violation
It is best to follow formal procedures when dealing with a lease violation. While you could easily text or call your tenant to ask them about the pet that was discovered, using an official notice form is always advisable, should you need evidence of proper procedure in court. Additionally, official notices are more likely to be taken seriously by your tenant.
ezLandlord Forms offers landlords and property managers an Unauthorized Pet Lease Violation form that is a clearly-worded document that notifies the tenant that you are aware an unauthorized pet has been living on the property, which is a violation of the lease. It further states the pet must be removed immediately and that failure to comply could result in eviction and removal from the property, as well as, additional court and attorney fees.
Other Types of Unauthorized Pets
If you allow pets on your property, your pet policy may require that all tenant animals are registered with management. You can require that a tenant tells you the animal’s breed, weight, and name, and gives you copies of current vaccinations. Along with registering the pet with management, you may choose to collect a pet deposit, a non-refundable pet fee and/or pet rent.
If a tenant does not meet all these conditions for having a pet, it would be considered an unauthorized pet.
Some tenants will assume that since they live in a pet-friendly property, they can just decide to get a new pet at any time during their tenancy. However, if they do not comply with your pet-policy, they would technically be violating their lease with an unauthorized pet. Make sure to review with your tenants at lease signing what to do if they decide they want to move a pet into the property mid-lease.
What about Service Animals and Therapy Animals?
Landlords are required to make reasonable accommodations for tenants with service animals and therapy animals under the Fair Housing Act.
If you have a no pets policy, you have to make reasonable accommodations for service and therapy animals. Companion animals, emotional support animals (ESA), therapy animals are terms used to describe animals that provide comfort just by being with a person.
Here are the basic guidelines for landlords and property managers, as outlined by The Department of Housing and Urban Development (HUD) in regards to service animals at rental properties.
- Service animals are not considered pets, therefore a housing providers “pet policy” does not apply to service animals.
- Service animals are allowed wherever a person may go, including restricted animal areas like food establishments.
- Landlords cannot collect a pet deposit or charge a pet fee to persons with a service animal (since they are not technically considered pets).
- Landlords cannot enforce weight limits or breed restrictions for service animals.
- Landlords can require written verification from the tenant’s health care provider that they are disabled but cannot ask for any specifics about the disability.
- Landlords can require written verification from the tenant’s health care provider that the service animal is medically necessary.
- Landlords can write warnings or even evict a tenant with an assistance animal is disturbing others, posing a threat to others or causing considerable damage to the property.
- Landlords can charge a tenant for any property damage an assistance animal causes on the property.
- Landlords can request copies of the animal’s health records to prove the animal is in good health, parasite free and immunized/vaccinated.
Tenant requests for assistance animals are legally enforceable if the renter qualifies for reasonable accommodation.
The Department of Housing and Urban Development (HUD) provides further clarification on service animals and assistance animals to help housing providers understand their responsibility when it comes to reasonable accommodation.
Reasonable Accommodation for Therapy and Companion Animals
Although the ADA treats companion animals differently than service animals, the Federal Fair Housing laws treat them similarly. Companion animals do qualify for reasonable accommodations under the Fair Housing Act and enforced by HUD.
If the conditions outlined above are met, where an individual has a verified need for an assistance animal or a companion animal, the landlord or property manager must provide a reasonable accommodation and allow the animal on the property.
In some states, a companion animal is only allowed in the rental unit and not in community spaces of the property, like the pool area or recreation room.
This article has been updated and was originally published August 17, 2017
Hello.
I have the tenant in my rental for 7 month. Our contract says ” no pets”. A week ago I was informed that there is a dog on my property. I reported this to my management. They explained that the tenant was watching their parent’s dog and wants to keep this dog as theirs. They offered to collect pet deposit $ 500. We wanted to let them keep the dog under certain our requests: keep the dog deposit, pay pet rent $ 50 a month since we have one year old carpet and newly painted walls. Keep in mind that the dog is a puppy, German Shepherd from my gardener description. Also we requested that their dog will be added to renters insurance (by contract the tenant should care rentals insurance upon move in) In return we got email from the property manager :
The tenants informed us that their dog is an emotional support animal. We are waiting for documentation from the tenants to support this.
Once a pet becomes a support animal it is no longer considered a pet and no pet rent or pet deposit can be collected.
What can I legally do. Please advise.
Thanks.
Mark
This is an unfortunate reality of the nature of emotional support animals and their effect on rental housing. Just when you are ready to implement a perfectly reasonable pet policy, your tenant can go and pay XXX amount of money to have their pet registered as an emotional support animal. Which puts your property and investment at risk. While I personally support the validity of an emotional support animal and their benefits to people, it can be frustrating for a landlord since there is little, to no regulations about breed restrictions, training, or proof of safe behavior.
At this point, the only thing you can do is do require the tenant to pay for any damages the support animal does to the property. Make sure to reinspect the property now, so you have excellent proof of animal caused damage. If the animal proves to be dangerous to other tenants, the neighborhood or other people, you might be able to ask that the animal be removed from the property.
I would also suggest writing to your congressman about requiring regulations for emotional support animals for rental housing. It seems like it’s too easy for some individuals to take advantage of the current system, which ultimately hurts those who truly need and benefit from the current ESA reasonable accommodations requirements from landlords and housing providers.
We encountered similar issue. They provided us certificates of two registered emotional support dog (USAR) but not letter of verification from the tenant’s health care provider that the service animal is medically necessary. Can we not get similar written letter for emotional animal?
I will appreciate all the help provided to us. Is there any govt dept for helping landlords? our property is in Everett,WA,USA
I believe you allowed to request a medical verification letter for emotional support animals from the tenant. This is actually more legitimate than having proof from a ESA registry.
You cannot ask a tenant why they need an ESA or what is wrong with them. But you can request that their health care provider submit a letter saying that the tenant has a medical need for an ESA.
Here is some more information: https://www.rentecdirect.com/blog/service-animals/
Thank you for your reply. I tried but my property manager is refusing to ask for that letter from tenants because she says she is afraid of being sued. and asked me to get govt (hud) letter saying that landlord is allowed to ask for such letter. And Hud is not responding to my emails even though Hud agent on phone confirmed that I am as landlord allowed to seek letter of proof from tenants medical practitioner that they require such ESA.
Any suggestion how can i make my property manager (Mogan Real Estate Management company) to get that letter from tenants?
My property is in Washington State of USA.
It sounds like the manager isn’t working for your best interest as an owner. It might be time to look for a new manager. You can also ask if you can add a lease addendum specific to emotional support animals, including requesting . I would speak with an attorney in your state who can help you and will clarify your legal rights in Washington State. He will be able to help you draft a legal letter to your property manager asking that the tenant provide proper documentation. A lawyer might be more expensive but he will be more responsive than HUD and will be able to provide you with the answers you need. Good luck, and let us know how it goes!
I’m almost positive they have to renew those papers on the support animals yearly, that would be the only way I know to deal with it by making it inconvenient by demanding that yearly paperwork, most don’t renew it yearly it is costly.
If we can explain to others “where we are coming from” we are more likely to arrive at an understanding of why our interpretations differ and how the difference might be settled. It is much easier to rely on stereotypes and prejudice than it is to find out the facts about other people’s life and their situation. It can also make us feel good about ourselves to condemn what we see as other’s miss-behavior. We are not saints. If we don’t know anything about those people we don’t judge their behavior.It is also necessary to have ability and willingness to feel for and with others,allowing ourselves to respond emotionally.
Those people saved dog’s life. Otherwise.he would end up in some shelter or most likely he would be euthanized.
The cost of a new carpet and painting can be recovered at least two months rent that those people are paying.
Congressman has more important task to do than take care about regulations for emotional support animals for rental housing.
This really is an absurd response. The landlords rent to people under certain circumstances and when those circumstances change under what could very well be false pretenses, they have every right to try to protect their property The tenants were “dog sitting” and now they just so happen to need a ESA? If that were true, it would be common decency for any tenant to inform their landlord that they now have a need for an ESA before beginning the process to obtain one. This will allow for both sides to prepare for such change. And to say the landlord will recover their cost of the new carpet and paint after a couple months rent is a stereotypical comment as well. The landlord may still owe on the rental and just recover enough to pay the mortgage rather than banking on income from said property
I don’t like animals to begin with but as a landlord, I would be fair. We also have a tenant who brought in a pit bull shortly after moving in and never once disclosed she had a dog nor did she get permission. It wasn’t until the dog broke down a newly installed fence to kill the animal next door that we found out. Luckily the neighbor repaired the fence at no cost and didn’t press charges against the tenant nor myself but now that the insurance company knows, they will not continue my coverage as long as that breed is in my home. This tenant is pulling the same game on me and trying to get the dog registered as a service animal. It isn’t right and now my hard earned money that was invested in that property may all be swept down the drain. To top it off, I can’t rent the property for the full amount of the mortgage so I am still losing $200 a month on this property. The laws on ESA’s are in place for those who truly need it not for those who choose to find loopholes to get what they want.
This is a classical capitalistic response.
Stop talking about your rental property as being more valuable than the tenants who inhabit it. Without tenants your “investment property” wouldn’t be an investment at all so why don’t you try practicing respect for the people with less money than you who pay for your bills.
Secondly, the fact that you don’t like animals says more about what kind of person you are than it says about your tenants with a pit bull.
And unfortunately for you, just because you have enough money to own a property, does not give you the right to tell the people inhabiting it how to live.
Thirdly, if a dog was able to bust through the fence to kill another animal then that is definitely on you and the crumby fence you’ve supplied. Unless there is some super strength that this animal happens to possess.
Maybe don’t try and make an income off people living in your property’s if you feel the urge to micro manage their lives.
Try investing in stocks instead.
Because although your reality is how to make money on top of money. These people are just trying to live their lives and make ends meet and the instability of never knowing when you are going to have to move is one of the top most stressful things a person can endure.
Less money money money.
More compassion, empathy and humbleness.
Emotional Support Animals are not the problem. It is ignorance and stereotyping that you are perpetuating. Do you have ANY idea how hard it is to find housing when you have an ESA let alone a pet? Must be nice to have so much money you own a home. With a full time job even with two some people are stuck in rentals and it is virtually impossible when dealing with aloof landlords who won’t bother to give a person with GOOD credit and good references who is living in an unsafe abusive relationship because even the domestic violence shelters don’t accommodate in most areas. Honestly I have seen people damage property way worse and more frequently than any pet. In fact studies show that tenant with pets are are no different yet are discriminated against without even going cases by case. I almost rented somewhere to get out of abusive situation but the landlord wanted me to sign a paper saying they could spray chemicals in the place any given time with no sign of any fleas. My ESA has never had problems with that but person who’s abusive has destroyed TV, walls, whole bathroom, door, the list goes on. Please get with the program and stop increasing homelessness abuse and distress. Stop keeping us from having a safe home.
The owner has a right to require tenants to follow at least agreement, and to protect our investment I spent 25 years paying off my house, trying to hide the fact that they were bringing the dog in, this is basic contract law what does the contract say?If a tenant right and a pitbull without permission or consent that’s not the owners fault.
I disagree. Not all petowners are irresponsible. In fact, research actually shows that people without pets provide no more damage than people without pets. You are not causing damage to property by changing your policy and allowing pets. You actually increase tenants by allowing pets. Pets help with depression, provide emotional support, and there are also health benefits to allowing pets. For example, pets also decrease blood pressure. Instead, believe them. Let them pay. The dog might be really sweet too.
Kaycee does not know what she is talking about. Landlords rely on tenants ignorance to their rights. This is a free country. They only have the ability to make livings off property rentals because of said freedom.
Once a lease is signed, the landlord has no recourse with any precedence in any courtroom to remove an animal or even approach the tenant about it in reality. Once they do, they have violated their position regarding HIPPA laws, which are in place to protect and provide equal rights to anyone who lives with a disability. They aren’t allowed to assume that the animal is not a service animal, they aren’t allowed to ask, and they most certainly could bring litigation against themselves for doing so in the case that the tenant did indeed have a service animal. Landlords in reality serve the community less than a dog walker, their power is what the tenant gives them in the lease. They can refuse to renew the lease at the end of the terms. That’s about it.
So Sorry possession obsessed insurance slaves (landlords that say no pets even the ones with damage related reasons), you can do all the due diligence in the world to prevent someone from moving in with their furry family members, but your power ends the moment that lease is signed. Once keys are given you have no right to assume anything about your tenants state of well being and the moment you do you have broken the law whether you are held accountable or not. I hope someone reads this and changes their no pet policy because it is in itself illegal, just harder to be educated about in a courtroom (the only place that trumps their insurance policy masters)
Author is dumber than a box of rocks. I’m not going to evict a good tenant and risk several thousands of dollars because they have a little cat or dog.
I wonder if the author even owns property.
Hi Justin,
I try to write from all perspectives of landlord tenant issues. While this article is written in a tone to help landlords who wish to keep their properties pet-free, you can find other articles about pet-friendly rentals and their benefits. Perhaps these articles would be of more interest to you:
https://www.rentecdirect.com/blog/5-reasons-allow-pets-rental-property/
https://www.rentecdirect.com/blog/the-truth-about-pet-friendly-rental-properties/
I look forward to hearing your perspective after replacing all the doors, window screens, and carpets in your unit after an irresponsible pet owner moves out and leaves you with several thousand dollars worth of damage.And that is if the animal doesn’t bite anyone – a whole other problem. We’ve seen it all.
There will be responsible pet owners. Never make a pet ban. Please be patient.
Good for you.
Justin has a point, but comes across as an Internet troll. The author had good, valid points, a real landlord (not an Internet troll and probably a renter) can decide as an adult about the value of reaction or to proactively note up front, as author explains. The bigger story should be about this emotional support animal crap that is plaguing the country. I’m tired of dogs in restaurants, stores, rentals.
Thanks John, I appreciate your support and feedback. And yes, I too am very curious about how emotional support animals will be handled moving forward. It seems a little out of control at the moment. And it’s especially frustrating when people don’t understand the current laws. I am all for further clarification and regulations on ESA in restaurants, pools, airplanes, rentals.
I agree. We spent $60,000+ to make our rental house new and gorgeous inside and out, kept it empty for a full YEAR due to our new no pets/no smoking policy, finally discounted the rent to a nice little pet free family. Six weeks later they have an emotional support cat for their 10 year old and I have to just suck it up. I am beyond furious.
That’s unreal. I’m in CA and met another landlord who said all his places were out of state because of our ridiculous laws. But now I see that the ’emotional support animals’ are as nationwide scam. I see it for service for blind, maybe handicapped and maybe even seizures or diabetes, but not hugging therapy! We need to start standing up, these folks are just eroding private property and all other rights. The there is the HOA nonsense. CA is going to have statewide rent control (currently just crazy places like SF, LA) vote this November. It’ll pass.
100% disagree. Not all people are irresponsible.
What is a landlord allowed to do if there was not a “no pets” clause in the original lease? It’s a month to month lease.
If your tenant has an unauthorized pet and you have a no pets clause in the lease agreement you both signed, you can move forward with a cure or quit notice, per your state’s laws. If your tenant claims the animal is an Emotional Support Animal, you must make reasonable accommodation for the pet per Fair Housing guidelines.
Anita, as was mentioned, IF pet is a ridiculous ’emotional support animal’ (not sure I’d want to rent to someone who needs fluffy at side at all times, but I can’t say that), then all you can do is ask for medical verification for the ‘need’, but I guess you can’t ask bout the ‘need.’ Also, I’ve seen this proof in whacky CA and it’s just as ridiculous (probably gotten on ebay. I learned of all this when a colleague showed his ‘letter’ and the ‘vest’ he got on ebay so he could take Fluffy on a plane. But, he was an emotional case so I suspected there could be some truth there, but he did clearly show me the easy loopholes. Since, I’ve seen train conductors, bus drivers and others chastize and evil call authorities when patron had a growling mut and called it ’emotional support.’ Finally, said colleague ran into issue flying internationally because foreign plae operator didn’t have that silly ‘law.’
As a landlord, you can’t treat and ESA as a pet, can’t ‘retaliate with fee or increased rent, etc. In CA, mo-to-mo still requires 60 days notice if over a year. If I was concerned, I’d find other ways to raise rent, but it may be tough. I think all citizens, not just landlords need to start writing letters – I saw a pet on a lap of a guy at a restaurant as HE ATE. I was done r I’d have raised hell, I just left. This morning a terrier was at my side in starbucks (the grand champion of tolerating everything, except Christians) and pets are routinely in GROCERY STORES…
Hi, I had a question, my tenant move out 8/16/18 as I do the clean up come cross a bedroom her son stay and find out there a lot of pet hair and a lot of dog poop on the backyard. On my Lease Agreement said no pet allow. I plan to do an itemized charging her $150 one time pet fee and charge $50 for pet poop cleaning. Any advise would be appreciated.
I think that sounds like a good way to handle the situation. Make sure to take lots of pictures of the evidence of a pet.
Bummer, I don’t see your state so I may be more extreme coming from the People’s Republic of CA. Out here, I would take photos as was suggested, but not arbitrarily charge for alleged pet. Instead I would photograph damages and pay for special pet cleaning, (for when they deny pet ownership but cannot deny photo of pet hair, regardless of how it got there). I’d pay for extra ‘pet cleaning’ which would include dander removal, spraying everything, then stick their deposit. Period. You can’t really gain off their breech, but you can remedy, out here at least. And out here, if you don’t have receipts, document AND provide, you’re at risk of them getting back THREE TIMES their deposit (yes ridiculous, when they are the culprits). The risk is that the next tenant will notice the slightest scent (I never do, but prospects would tell me ‘oh a pet was in here’), so you gotta get it cleaned properly. I think pro cleaning would be 23-3 times your suggested cost, but get it done right and pass the cost. My tenant had a guest over recently and a neighbor (shore them up) mentioned a little pet, oh which wears a blue ‘support’ vest. This is the other scam, that we landlords gotta petition! EVERYONE in CA has these ridiculous ’emotional support animals’, which cannot be discriminated against. Damages can be charged, but they cannot be levied discriminatory extra and can be allowed regardless of lease terms. Neighbor admitted that ‘that mutt wasn’t supporting anyone as it was terrier that growled at everything. They are allowed on planes, in RESTAURANTS, shopping stores, it’s disgusting. Charging for damage and providing receipt would thwart this obvious faux victim response. I know my tenant’s ‘guest’ was told about the ‘vest’ because she knows the law that I cannot discriminate.
I kept low as ‘nice guy’ and got taken advantage.’ Okay. So, rent gets raised this week, for ‘market changes.’
Change your pet policy to allow pets. Pets are like people’s children. You are also increasing tenants if pets are allowed. Hire a cleaning service.
We evicted a tenant who violated no-pets policy. In the rental agreement, we stipulated that if the tenant violates the no-pet policy, the entire security deposit would be forfeited. Is this enforceable in California?
Yes, if pet owner is foolish enough to bring in a pet without checking the lease to see consequence AND not prepare by creating ‘support animal’ fraud. They can easily get apron and letter to fool basic glances, but will need documentation to give to judge, which they can and will do as well. Then in CA, the landlord gets s**** all over and now loses 3x the amount, so people probably wouldn’t bother.
I would ask an attorney, there are usually pretty strict regulations about the allowable uses for security deposits.
Change your policy to allow pets. Stop eviction of people who have pets.
i am renting an apartment in apple valley ca. I am on a month to month and have been here for 11 months. their is a no pet clause in my rental agreement, I am physically disabled and now require a service dog. can my landlord evict me if i now acquire a service dog
For now, service animals are legally allowed in rental properties and a landlord cannot evict a renter who has a service animal for a medical need. The right thing to do as a tenant is inform your landlord of your plans to get a service animal. Your landlord has the right to request proof from your doctor that states you have a medical need for a service animal, a proactive tenant will provide this proof without being asked. Note, this letter from your doctor does not need to state your medical history or record, just that you need a service animal, and not the reason why.
thankyou. what im asking is i am already physically disabled and recieving ssi and have been for 12 years my condition has deterated and now need help with walking and stability. when i moved in there was a no pet clause. now that i am needing a service dog can my landlord evict me or refuse my service dog since my agreement at the time said no pets
If we have a no pet policy and a fine in the lease if an unauthorized pet is found. Can we assess that fine if they are caught with an unauthorized pet and they tell us it is an esa? We were never disclosed that they were getting one we just seen them with it one day.
I own a beautiful townhome and the association only allows dogs under 25lbs, I went thru the rules and gave the tenant the association rules and regulations, they filled out the paper work for their background check and association papers stating that they had a dog, Association approved them. We signed a lease agreement on Feb 18,2019 it clearly says 25lbs or less . They gave me a deposit of 2 months with lease starting April 1st 2019
On 3/15/19 I received a text that they were just now reading rules and regulation and noticed the clause of the dogs 25 lbs or less and that their dog is actually 95LBS…….my association said absolutely not allowed
after signing lease I took the property off the market and have accrued a lot of expense moving to my new location am I allowed to keep deposits?
Keeping all or a portion of the deposit is only allowed for returning a property to it’s pre-move in condition, like for cleaning and fixing damage. Since your tenants haven’t even moved in yet, I don’t think your situation applies to security deposit withholding laws. You should check your state laws on deposits to be sure. I would suggest looking up some tips for screening pets, like asking for a picture or a pet resume, and verifying dog breed, weight and size, before signing a lease next time. Sorry you had to go through this challenging experience.
Yes I would.
Hello,
The contract I have specifically states “No animal, fowl, fish, reptile, and/or pet of any kind shall be kept on or about the premises, for any amount of time, without obtaining the prior written consent and meeting the requirements of the OWNER. Such consent if granted, shall be revocable at OWNER’S option upon giving a 30 day written notice. In the event laws are passed or permission is granted to have a pet and/or animal of any kind, an additional deposit in the amount of $100.00 shall be required along with additional monthly rent of $100.00/Per pet along with the signing of OWNER’S Pet Agreement. RESIDENT also agrees to carry insurance deemed appropriate by OWNER to cover possible liability and damages that may be caused by such animals.”
Now my tenant asked if she could have her bother’s pit bull (he could no longer keep it) and we kindly told her, “no.” One month later, we were at the property and she has the dog. When asked about it she sent us her ESA registration. Since my pet clause states, “No animals, etc…” would that hold water?
As far as I know, if the animal is an ESA animal, and your tenant has the documentation to support it, you must allow her to keep it on your property. You cannot charge an additional deposit or charge an additional pet rent.
Assume they are all ESA pets, it’s a well known scam – you can get vests online, and probably the notes too, but they won’t want to defraud a judge. I’d call them out to show proof – out here I think it’s a ’10-day notice to comply’, then let them whine that it’s ESA, then seek doctor’s note. It’s such a scam and unknown area, it’s frustrating. I spoke with a landlord in another state the other day who agreed about the insane amount of dogs. I’ve got enough deposit that I’m not too concerned, but I’ve heard of unknown messes and there is always a future prospect with super sensitive smelling skills who could tell if one pet entered once.
Our lease agreement for Tennant says no dogs or cats. Long story short, they now have a dog after they moved in. They asked about one and I said no, the lease says no and I explained how the wood floors are on their last polish. Later I get a text from the other roommate asking for accommodations because they are having a hard time with family issues or something like that. I responded with emotional support dogs need a medical note from your doctor. Send that to my address. I never heard back and then months later…I see their dog in the yard. So my question is can I flat out evict them. Once a letter is requested and isn’t given is that enough? Once I say the dog I stated again that I will need a medical note from your doctor. Still no paperwork. Also when it comes time to renew a lease and I opt out of renewing can they dispute it because of dog issues (if they do finally hand in the note).
If they have not provided requested and required paperwork to support their need for an ESA, I would move forward with your cure or quit notice and the eviction process. In terms of choosing not to renew their lease, I don’t know why you would required to renew it. I would just follow your state laws about providing proper notice for your tenants to vacate the property at the end of the lease term.
We all need to get support to ban this ESA loophole nonsense. In Many places, if legit, she can keep it. But we know it’s a scam. I think you can request authorized supporting doctors notes, but they fake those too. I’m looking into how to just deny and threaten eviction and let them prove their claim to a judge of law. Call their bluff.
If the rental property allowed authorized pets but the tenants had a visitor with a dog, could a $500 fee be applied if the lease states “any unauthorized pets on the premises will be subject to a $500 fee” ? or does the lease agreement need to state ” any unauthorized pets including visitor’s pets, found on the property will be charged a fee of $500″? i am just wondering if there is a grey area here that could potentially void this fee?
Our landlord is trying to charge us $500 for an unauthorized dog that was in our house for a few hours. Apparently it is harder than I thought to find the answer to this question so i thought i would try here…. We are in Alberta, Canada
I am unfamiliar with Canadian rental law so I would suggest speaking with an attorney or tenants rights union familiar with landlord-tenant laws in your area. As far as I know, in Oregon, USA, I think a tenant could potentially fight this fee, but would have to go through the time and effort of taking the landlord to court. If you end up paying the “fee” and it’s a deposit, you should get the $500 back if the dog caused zero damage. If it’s a fee, you wouldn’t get the $500 back. I don’t think a judge would side with a landlord in this situation, but you would need to be able to 100% prove that the dog was only visiting and that you never had any unauthorized pets living at the rental. Good luck!
Im in the process of getting my paperwork sent for my ESA dog, My Landlord said that we need to speak prior to my ESA being approved because I already have him. I don’t think that I am required to go into detail with him as to why I need my support dog, by law. Now they are threatening to take my name off the lease because I refuse to speak to him about it. I have anxiety, and hate speaking to anyone about the issue, I dont think I should have to justify an ESA, other than hand in the proper documentation for it.
At the moment I have a dog for my teenager who is in process for a ESA paperwork since she goes to therapy. So my manager has a pet of her own. I confronted her about the situation as to why does she have a pet if the contract says “no pet policy”. She resonded that she’s “close” with the owner and that why she is allowed to keep it. I told her that unfair since she keeps telling me about my animal. At this case i dont know what to do. Basically my question is she allowed to do that. Meaning having a pet even if shes “close” with the owner. She even said that she had her pet first before working in this position. Personally I couldn’t find any resources to back this up in the California State Laws. I’d really appericate if you can help me out. Please and Thank you.
My tenant has a no pet policy on the lease. Few months back) more than 5-6 months we had seen a dog and addressed it with them. That time they told us they were taking care of it for a friend and we told them they cannot do that as the policy does not allow pets.yesterday on visiting the premises I heard and saw a big husky dog the same one there. The lower level tenant told us they have always had it since it was a puppy. We messaged them and asked about it but they did not respond. Today I went to talk to them and initially they did not open the door But the dog came down and barking like crazy on the door and then they sent the son. When I questioned him he said it is their friends and they are taking care of it which is a lie as they have had it since a puppy. I asked the son about the dog and he again started the same story about friend. So I told him we had already addressed earlier you cannot be babysitting anyone’s pet as we have a no pet policy on the lease. After I come home the mother messages my husband (she never bothered to when he had messaged yesterday) and tells that I cannot go and address about the dog. It is their friends and she is out of country and they are taking care of it and can’t leave it to die. All this is a lie as the dog is theirs.
What are my options in this situation of Covid 19. They are also behind on their rent but that is not an issue and we will work with them. But we want the dog out.
COVID 19 eviction moratoriums are only in place for non-payment of rent due to COVID (such as a layoff, illness, etc.) so evictions are still possible for lease violations.
You are correct that a no-pet policy includes pet-sitting. According to your lease provisions, it sounds like a lease violation for an unauthorized pet is in order.
Be sure to check your state and local regulations on how to serve a notice legally in your area, how many notices are needed in succession before you can take action, what action you can take if they don’t comply, etc… So that in the event an eviction is necessary you’ll have taken all the appropriate steps.
Pets are like people’s children. Please don’t have a problem with pets In apartments.
Here we go again. Pets, what part of ‘no pets’ don’t these folks not understand? First, I didn’t know the moratorium was only on Covid/employment issues – are the courts even available for evictions? Secondly and more importantly, how do you monitor for pets? I can’t be driving by weekly, and rather not wait till inspection or call, which they’d hide the pet anyway. This bothers me. My neighbor are jerks so I can’t rely on them.
DON’T EVICT BECAUSE PEOPLE HAVE PETS. NOT EVERY PET OWNER IS IRRESPONSIBLE. LET THEM KEEP IT.
I went to see an apartment and filled out a paper with my name n stuff but it had do u own a dog, I do so , I put yes. She said we have a no dog facility. And acupuncture started to push her chair back. I said well it’s a federal law cause he is ESA dog. Is that a problem, she didn’t look happy and I said cause if it is I’ll leave now. She said oh no. But she also said she would have to get permission from her management company and send them the letter from my doctor after they speak to her on the phone, I have never seen that in any research I’ve been reading, is this true or was she just pulling my leg, I asked if any other dogs in facility and she said she couldn’t tell me thatIs that true. Please reply
Hi Linda, your interaction sounds like a misunderstanding. I suggest the next application you encounter to write ‘service dog’ next to that question and be proactive and explain you have an emotional support animal to begin the discussion a little more smoothly.
It sounds as if the office manager did the right thing to have the management company deal with this concern. It is true that the federal law requires they consider reasonable accommodations for your ESA dog. Just as you likely needed to give rental history and income verification, in their consideration, they may ask you to verify the need for the animal which includes written verification from your doctor that you have a disability and that the service animal is medically necessary. They may also request copies of the animals health records to prove the animal is in good health, parasite free, and immunized/vaccinated.
It is always a good practice for a manager not to share private information regarding other tenants – even generically. Their obligation is to determine if you have met the qualifications to rent the unit and then consider if reasonable accommodations are in order for your ESA dog based on the Fair Housing Act (links provided in the article).
My apartments allow dogs, but when I moved in, I didn’t have mine yet. I picked him up two weeks ago and brought him down here, not adding him to the lease yet. I got charged for an unauthorized pet. Do I risk being evicted even though they allow pets? Can I explain I had to travel to go get him and only had him for a short period of time? I am fine with adding him on the lease. I just haven’t had a moment yet due to working.
Hi Stephanie! I guess the question comes down to communication. Did you inform your landlord that you were going to be adding a pet to your family before you traveled to get him? The second important thing to note is the lease agreement and rules/regulations of the property about the process of adding a pet. Explaining your situation might help you ask if they have forms or documents you can sign electronically to add your new family member since it seems an in-person visit will conflict with your schedule. Hope that helps and wish you all the best!
In Canada telling a tenant you cannot have a pet is not allowed. And if your lease says no pets and you have a pet…that part of your lease is voided. They consider pets as family members. You know how hard it is to find places to rent when you have an animal. Every single apartment or house for rent is trying to say no pets….so your suppose to what? Put all the animals in shelters? I don’t know anyone who does not have a pet.
They may as well disallow not allowing pets, tenants just get around them with one excuse or the other. The risk isn’t ‘damage’ as most pet owners are responsible, but it’s like letting someone smoke in your car – you clean it and air it out where it no longer bothers you, but as soon as you give someone a ride they ask, ‘you smoke?’ The ‘smell sensitivity people’ are more bothersome than emotion support animal owners. I’ve let pets in the past and they even allow bigger deductions from deposit to hand unseen issues like carpet replacement, deeper cleaning etc. Many locals now just charge an additional rent – like $50/month+. I get more lenient when it gets closer to needing to replace things. Pet owners can’t have it both ways, they should be happy with places without the most recent update and added benefit but with probable lower rent and of allowance of pet. Landlords have to pay thousands to do updates that will take 20 years to pay off, and a single ‘obedient’ pet can wipe out half of that in a weekend. Pet owners nowadays treat their pets like babies, but babies don’t pee in the middle of brand new berber carpet. Ever see a carpet ‘repair’? It’s a joke. And to do it right requires treating the floor underneath. You added cost of $4000 is justfied? And if there are fleas? Forget it, they just don’t go away.
I agree that pets are family members. Instead of saying no pets, why don’t landlords hire a cleaning service if they do not want to clean up? That’s my suggestion.
I dont have pets and none of my friends have pets. And the house we live in have no pet policy as well.
There is a no pet policy, well I wouldn’t say a “policy” but more like it states “NO PETS” in the lease. I have 2 cats that after moving in my landlord said get rid of them, and so I did immediately. This was horribly emotional, but I did not want to terminate my lease. A week after getting rid of my pets I received a court order for violation of lease and I was evicted. Can my landlord do this even after pets have been removed?
That’s pretty interesting. Sounds naive by the landlord by California standards (not sure where you are). To di it right he LL was supposed to give notice to remedy or quit. Regardless, you did remedy, doubt he has recourse now.
LEAVE THEM ALONE. That’s what. If your tenant pays rent on time or early and is a good neighbor…good tenant….leave them alone! Over ⅓ of beloved pets in animal shelters are there because the family was told they could not keep them in a new apartment or rental (after having to move etc). Over half of women in domestic violence shelters stayed with abusers longer not because they wanted to but because they could not leave their family member pet with them when they leave. Over 70% of families in US have a pet. Survivors with depression anxiety and post traumatic stress have healthier outcomes when able to keep a pet with them. Would you ban toddlers? NO. There is a housing crisis and for any home owner or complex manager thinking about their pet policy…..DO NOT BE THE REASON SOMEONE LOSES THEIR FAMILY PET, THEIR ONLY FAMILY, THEIR EMOTIONAL SUPPORT, OR ENDS UP LIVING IN A CAR OR HOMELESS BECAUSE OF NO PET FRIENDLY AVAILABILITIES…EVEN W A FULL TIME JOB.
I had a similar issue, my tenant had a dog in the house. The signed contract stated there was a pet fee and I would need to be informed if he planned on having a pet, and if not informed that would terminate the contract. I have no idea when he actually brought the dog home, found out because his lease was coming up and i was going to do a walk through since i planned on selling. That’s when he told me i couldn’t come in when the dog was alone. I was a little shocked, and told him that i hadn’t known about the pet. He then said he “assumed” i knew since it was his girlfriends dog and she had moved in with him. I wanted to be fair and told him i would just charge the pet fee. He said he wasn’t going to pay anything because its an ESP. He provided a website and ID. But I checked with the company and they stated it is not legally an ESP because there is no physician signature, its just a set and ID you can purchase but would not hold up legally. I actually let my tenant stay until the end of the month even though he breached the contract. I was trying to be fair i wasn’t going to kick him out. I gave him a month to find a new place and get everything moved. I told him he would not be getting a deposit back due to breach of contract and he feels i am being unfair. Am i in the wrong?
It appears the girlfriend skipped the step of requesting reasonable accommodations or providing you with proper documentation of need signed by a doctor or therapist during the tenant screening and application process. Having said that, she should have submitted an accommodations request before the animal entered the home. However, now that the animal is in the home and she has established residency you’ll need to move forward carefully so you are covered legally. I would also recommend contacting HUD as well as your State Housing Board to discuss your issue to make sure you move forward in a legal manner and do not violate any Fair Housing or discrimination laws. https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals
We also have a few more article here that might help: New HUD Guidelines for an Emotional Support Animal and a overall guide here: Ultimate Guide for Landlords and Service Animals
This is a perfect example of colonial power and the unnecessary exercising of it.
Please tell me what damage a dog can do to the property that a teenager or small child can’t?
“Colonial power”….lmao……how often do human offspring crap and urinate on rugs? Tear up screens/carpet/linoleum/grass in yards? Dogs dig….cats claw…..the continual comparison to a human child and an animal are ridiculous. It isn’t a child….it’s an animal that warrants responsibility, but how many dogs and cats are you going to put through school until they hit 18 years of age? Does your pet drive a vehicle? Do you teach it how to take care of itself? Did you bear the cat or dog from your very loins? Did you have to wait months or potentially years to obtain approval to be competent to adopt a human child versus walking down to a shelter and scooping up a rescue for a few hundred bucks (if that)? Yeah…….the comparisons are moot as far as a human child versus a four legged responsibility.
Hello
I have a tenant for a seasonal 5 month rental agreement . Only 2 weeks prior to the end of their lease , I found out they had a dog. They said it was a service dog, yet there was no permission given at all from my part at any time of their stay.
My property is full of dogs fur now and it has been hard to clean. More importantly, my property is a pet free place for possible tenants with certain allergies.
I have their security deposit still – not a pet sd.
What should I do?
Guisselle
Hi Guisselle! It sounds like they violated your rental agreement if it states no pets and they didn’t ask for accommodations but now that it’s after the fact, you’re ultimately dealing with cleaning the unit to bring it up to the rentable standards the home was in previously. The security deposit covers that cleaning. But, I would suggest you contact your real estate board and local housing office to understand the rules in your state/area regarding what you can deduct (exact receipts, time, equipment, etc..) and how that must be documented. A pre-move out inspection can also be helpful so you can point out what items they can clean/fix to insure they get the most back from their deposit.
On my lease, can I put that I will charge a fee (like $1,000) if my tenant is found with an unauthorized pet? This would be to dissuade anyone from trying to sneak an animal on to the premises. This fee would be in addition to the 7-day comply or quit notice. I live in Florida.
Hi Ingrid, I can’t offer legal advice so would recommend you check with your state’s real estate board and review your options with your real estate attorney when deciding on what to include in your lease. They can best direct you on what is appropriate both in compliance with state regulations but also on the legal ramifications and enforcement of the lease terms.
Ingrid, the game I’ve heard of out here in Commiefornia (but I’ve not come across) is that the tenant can easily just get a ‘note’ and claim the dog is protected under ADA. It’s like the no return policy in ebay, it’s irrelevant, tenants will do what they do. The trick is to try to screen good people up front. Everyone is so darn impulsive and hasty, then bad things happen. I told my current tenant no pets, but it was a couple with a kid, so he asked ‘what if we got a pet?’ I just said,’well that would be a breech of the lease, you gotta ask up front.’ They did and immediately paid for the fee I suggested (also tricky for laws, but my security deposit was low anyway), I just wanted additional for that extra leaning or repair. Nice little short hair small dog with nice family with daughter in high school. Now they can’t move anywhere else (because other landlords are uptight about pets). You just gotta protect yourself – I do absolutely hate when you clean and rent then get that ‘sensitivity person’ who then complains about ‘someone had a pet here.’ It’s Darwinism, you don’t want the drama. Just get rid of those people,
Thanks, I just added a non-refundable pet deposit and added $25 to the rent. Other than not telling me, the tenants were taking really good care if the home so I did not have a problem being a little lenient this once. Thanks for your feedback.
I’ve just discovered that my tenant has an unauthorized pet in the rental property. According to the lease agreement, pets are not allowed without prior approval. I plan to discuss this with my tenant to understand the situation and explore potential solutions.
In a trailer park and told 1 dog 30lbs or less and then they get 2 and their are a lot of children around and 1 gets bit then what
Make them get rid of the dog or move somewhere you don’t have to follow the rules