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Tenants Who Violate "No Pet" Clause

Posted by 15789465 on

Tenants commonly violate the "no pet" clause. Your option at that time is to (1) give them 14 days to get rid of the pet, or you will start eviction proceedings or (2) work something out with some combination of pet deposit, non-refundable pet fee, or increased monthly rent.  Most likely, the tenant will NOT get rid of the pet.  Be prepared to lose the tenant if you force the issue.

You should have a 4th item in your "arsenal" in case this issue comes up, though.  You should have an automatic fee in your lease in case the tenant violates the no pet clause.  The paragraph with the fee might say, "If Tenant violates the no-pet clause, Tenant will owe Landlord an additional $35 per day for the time the pet is on the premises. The fee will be additional rent. Acceptance of the fee by Landlord is not permission to keep the pet, and does not constitute a waiver of the "no pet" clause."

I thought of this when I had to stay in a hotel the other day. My room had a sign on the desk that said, "This is a non-smoking room. When smoking occurs during your stay, a $150 Cleaning Fee will be billed to your account." Hotels don't just say, "No Smoking." They say, "Here is the cost of smoking in this room." That is because simply kicking out someone who smokes is not enough to protect the hotel. You are in the same position if you have a "no pets" clause.

 


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2 comments

  • Keith, I already recommend increasing the rent for a pet. There is additional wear and tear on the property because of the pet, increased liability risk because of potential pet problems, AND the market place of similar properties that allow pets is much smaller than the market place of similar properties. In other words, there are fewer choices in the market for that type of housing that allows pets. Supply and demand kicks in, and prices are higher. That is a GREAT idea about the renter’s insurance as a requirement for having a pet. I’m going to add that to my Animal Addendum right now! Thanks. I’m sending you a free copy of my book, “Alabama Landlord’s Desk Reference” to show my appreciation for the idea. BTW, the self storage class has been expanded to an all-day self storage investors/developers conference, probably going to be in Fairhope at the Grand Hotel. I’ll keep you posted.

    Denise L. Evans on
  • How about giving your tenants what they want? Mr. tenant you want a pet? OK no problem.. get renters insurance, name me as co-insured, and that will be an additional $50-75 a month pet rent.

    Keith on

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