Dealing with Unauthorised Pets or Additional Occupants

It’s not uncommon for tenants to attempt to keep pets or additional occupants in rental units that are prohibited under their leases or in some cases, the landlord’s property. Unfortunately, similar to when someone defaults on rent, a landlord must be willing to act quickly and decisively when dealing with unauthorised pets or additional occupants in their rental property.

What is an Unauthorised Pet or Additional Occupant?

An unauthorised pet is one that has been kept without either the landlord’s knowledge or permission. This could include cats, dogs, rodents, reptiles, amphibians, or any other type of pet. An additional occupant is anyone other than the tenant who is residing in the rental unit without prior permission from the landlord.

Why do Tenants Keep Unauthorised Pets or Additional Occupants?

There are several reasons why a tenant may attempt to keep an unauthorised pet or extra person living in the rental unit. These reasons include:

• Believing that the landlord does not have the right to deny them a petfriend.
• Feeling that it is their right to keep a pet or additional person.
• The pet or additional occupant makes them feel safe.
• The tenant does not want to pay the extra fees associated with having a pet or additional occupant.
• The tenant may feel a connection to the pet or additional occupant that they may not want to part with.

What are the Dangers of Allowing Unauthorised Pets or Additional Occupants?

Allowing unauthorised pets or additional occupants on the premises can present a variety of risks to a landlord. These risks can include:

• Property damage due to a pet or additional occupant.
• Liability to the landlord in the event of an accident or injury caused by a pet or additional occupant.
• Income loss due to the tenant withholding rent in order to keep the pet or additional occupant on the property.
• Possible infestations of insects or other pests due to the pet or additional occupant.
• Encouraging other tenants to keep unauthorised pets or additional occupants.

What Are Some Ways to Deter Unauthorised Pets or Additional Occupants?

A landlord can take a variety of steps to prevent or reduce the impact of unauthorised pets or additional occupants on their rental property. These steps include:

• Including specific rules in the lease agreement that prohibit unauthorised pets or additional occupants.
• Conducting periodic inspections of the rental property to detect any unauthorised pets or additional occupants.
• Providing clear communication to tenants regarding the rules and any consequences for breaking the rules.
• Enforcing the rules and lease provisions to ensure compliance.
• Consult with legal advice for assistance drafting any legal documents or notices.

How to Deal with a Tenant Who Has an Unauthorised Pet or Additional Occupant

If a tenant has an unauthorised pet or additional occupant, a landlord must be prepared to address the issue. The steps a landlord should take can depend on the circumstances and the severity of the situation. These steps include:

• Inspect the premises and document any evidence of unauthorised pets or additional occupants.
• Discuss the situation with the tenant to ensure they understand the rules.
• Send a written notice to the tenant outlining their breach of the lease agreement.
• Discuss any potential penalties for failing to remedy the breach of the lease agreement.
• Consult legal advice for assistance drafting any legal documents or notices, particularly the notice of termination.
• Follow the applicable procedures for evicting a tenant due to breach of the lease agreement.
• Follow up with another inspection of the premises to verify the unauthorised pet or additional occupant is no longer
  present.

Conclusion

Unauthorised pets or additional occupants can present serious risks to a landlord’s rental property. It is essential for a landlord to be proactive in detecting any potential unauthorised pets or additional occupants and taking swift and decisive action if any are discovered. By following the steps outlined above, a landlord can help ensure that their rental property is secure and their tenants are compliant.

How do I deal with my tenant having an unauthorized pet?

First, you should determine if the tenant has a legitimate service and/or emotional support animal. If so, then it is likely against the law to deny the tenant the ability to keep the animal as a companion. If the tenant does not have a legitimate service and/or emotional support animal, then you should ask the tenant to remove the pet within a specified time limit or face eviction. You should also provide the tenant with any necessary and relevant documents outlining the requirements for having a pet in the rental unit.

What happens if my tenant does not remove an unauthorized pet?

If a tenant does not remove an unauthorized pet, the landlord can take legal action. Depending on the tenant’s state or local laws, the landlord may be able to terminate the lease agreement, and/or collect unpaid damages caused by the pet (i.e. pet-related property damage). If the tenant refuses to comply with the landlord’s requests for the pet to be removed, the landlord may also have the right to pursue other legal remedies, such as a lawsuit or eviction proceedings.

What can I do if my tenant refuses to remove an unauthorized pet?

If your tenant refuses to remove an unauthorized pet, you should first speak to the tenant and try to come to an agreement. If the tenant still refuses to remove the pet, you should speak to an attorney to discuss your legal options. Depending on the lease agreement, you may be entitled to file an eviction or a breach of contract action. Another option may be to offer the tenant a pay or quit option, which gives them the choice of either paying a monetary settlement or having to vacate the premises. Additionally, if your lease agreement states that unauthorized pets are prohibited, you could file an eviction notice or other legal action.