How to Handle an Unauthorized Pet Lease Violation

Handling unauthorized pets in rental properties is a common challenge for today’s property managers and landlords.

It is essential to know how to handle these situations effectively while maintaining positive tenant relations and protecting your rental property. This post explores the best steps to take when dealing with unauthorized pets, potential solutions, and proactive strategies to prevent this issue from coming back to “bite” you down the road.

Review the Lease Agreement

When one of your renters brings in an unapproved pet, they are likely violating their lease, leading to numerous concerns including damage to the property, health problems, liability risks, and noise complaints.

When these violations occur, landlords must act quickly. The first step is to refer to your lease agreement. Most lease agreements clearly state the pet policy, outlining whether pets are allowed and under what conditions.

Typically, most leases include policies and clauses that include details on:

• Pet deposits or pet rent that must be paid
• Breed restrictions or size limitations for pets
• Requirements for proof of vaccination or licenses
• Consequences of having unauthorized pets, including potential penalties

Reviewing the lease thoroughly will help ensure that you are acting within the agreement’s boundaries and that your tenant clearly understands the violation.

It’s important to understand that the lease agreement is the cornerstone of the legal relationship between a landlord and a tenant. If the lease contains a “no-pet” clause or outlines specific conditions for pets, you, as the landlord, have the right to enforce these terms. Unauthorized pets represent a lease violation, allowing landlords to take action by imposing fines, requiring the removal of the pet or, in some cases, starting eviction proceedings.

Additionally, renters must follow the lease terms they signed. Bringing in an unauthorized pet is often viewed as a breach of contract, exposing them to penalties like financial liability or sometimes eviction.

Ultimately, both parties must understand that the lease is a legally binding document, and any pet-related provisions will likely be enforceable in court as long as they comply with state and local laws.

Gather Evidence

Before acting, it’s vital to have actual proof that an unauthorized pet is living in your rental property. This can be done in a few different ways, such as:

Direct observation. If you or your staff notice a pet living on the property during routine maintenance or inspections.

Complaints from neighbors. Other tenants may report a pet residing in the unit if it’s causing noise issues.

Photos/videos. Neighboring tenants or property management team members may capture photo or video evidence of the pet on the property.

Pet-related items. You may notice pet-related items such as leashes, food bowls, or toys during a routine inspection.

Once you have gathered sufficient evidence, you are in a better position to proceed.

Communicate with the Tenant

If you discover an unauthorized pet living in one of your rental units, it’s imperative to handle the situation in a professional, non-confrontational manner. Keep in mind that while the renter has violated the lease, they may not have done so with malicious intent.

In fact, some tenants may not realize that bringing in a pet without permission is a breach of the agreement, while others may be hoping to sneak the pet in and keep it unnoticed for as long as possible.

Start communication by sending a written notice to the renter spelling out the violation. The notice should include details of the lease violation, proof of the violation (include evidence like photos or neighbor reports), as well as a solution to remedy the situation – i.e., removing the pet, applying for pet approval or facing possible fines or eviction. 

Understand the Tenant’s Perspective

Understanding the tenant’s perspective when dealing with unauthorized pets in a rental unit is key to handling the situation professionally and fairly. Renters may have various reasons for bringing a pet into the unit without permission. There may be extenuating circumstances, like the need for an emotional support animal (ESA).  Here are some aspects to consider in these situations:

Listen to Their Explanation. Open a calm, professional dialogue with the tenant and allow them to explain their situation. There may be legitimate reasons for bringing the pet into the unit without advanced approval. By listening to their explanation and using empathy, you can better understand if the violation was intentional, a mistake, or an urgent situation.

Assess Any Extenuating Circumstances. Once the tenant explains their situation, it’s crucial to assess whether there are any extenuating circumstances that justify or explain why they have an unauthorized pet. In some cases, renters may be entitled to certain protections under federal law, especially for service animals or emotional support animals. Note, if they claim that their unauthorized pet is a service animal or an ESA, you are legally obligated to evaluate the request under the Fair Housing Act. Just be sure to have the renter provide a letter or documentation from a licensed mental health professional that verifies their need for the ESA.  

Review Local Laws and Regulations

Landlords must review local laws and regulations when it comes to unauthorized pets in rental units to ensure compliance with local, state, and federal laws for several key reasons, including legal consequences, fair housing laws, state and local variations, lease enforcement, and tenant retention and fairness.

It’s important to understand the rights of tenants with service animals and emotional support animals. For example, service animals are specially trained to perform tasks for people with disabilities. Under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), landlords must allow service animals in rental units, even if there is a “no pets” policy in place. 

The key here is to avoid taking any actions that could be considered discriminatory or unlawful without doing your due diligence.

Provide Options and Solutions

In many cases, landlords can offer renters several solutions to resolve the violation. The options below allow flexibility while maintaining control of the rental property:

Pet Approval Process. If the renter wants to keep the pet, you may offer them an opportunity to apply for pet approval formally. The process could involve charging a pet deposit or increasing their monthly rent to account for potential damage. You can also ask the tenant to verify the pet’s vaccinations and health status. In some cases, landlords require the tenant to sign a pet addendum to the lease, specifying rules for keeping the pet.

Pet Removal. In situations where the pet can’t be approved (perhaps due to size, breed or other restrictions), you may require the renter to remove the pet from the property. Give them a clear deadline to comply. If they can’t comply with the removal, take the high road and help them find possible alternatives, such as suggestions on arrangements that include pet-friendly housing.

Eviction. If a renter refuses to cooperate with any of the options you provide, you may have to consider eviction as a last resort. If this is the case, always follow local laws and regulations when pursuing an eviction.

Follow Up and Monitor Compliance

Monitoring compliance with lease terms is essential for landlords to maintain property standards and ensure tenant adherence. Here are several ways you can effectively follow up and monitor lease compliance:

Regular Property Inspections. Include periodic inspections in the lease agreement, such as quarterly or semi-annual walkthroughs, to check the property’s condition. You can also conduct thorough inspections when tenants move in and out to document any changes or signs of unauthorized pets—think pet hair, scratches, or damage.

Anonymous Reporting System. Create a way for neighbors or other renters to anonymously report unauthorized pets if they see or hear pets in a unit where they are not allowed.

Monitor Utility Bills. Pets, especially larger ones, may lead to changes in utility usage. If utilities are included in rent, you can monitor for unusual spikes that could suggest the presence of a pet.

Enforce Lease Terms if Necessary

After offering a solution, it’s critical to follow through if your renter fails to comply. If the tenant doesn’t remove the unauthorized pet or apply for pet approval, you may need to take the situation to the next level. Options include:

Issuing formal warnings or notices of violation. You should always give the tenant a violation notice first. The notice should outline the specific lease term that has been violated. Give the tenant a reasonable amount of time to correct the situation.

Imposing fines. Many lease agreements outline fines for unauthorized pets. You can impose these fines if the violation is not rectified within the specified time frame.

Taking legal action or eviction. If fines don’t resolve the issue and the renter continues to keep the pet, you may want to initiate the eviction process. Always ensure you follow the legal requirements for eviction in your city or state.

Prevent Future Violations

While handling unauthorized pets can be challenging, there are proactive steps you can take to reduce the likelihood of these situations happening down the road. Here are several steps to consider: 

Clear, Comprehensive Lease Agreements. Include clear, specific language regarding pets. Outline what’s allowed and prohibited, and include details about pet deposits, pet rent and penalties for unauthorized pets. The more thorough your lease, the less uncertainty there is for renters.

Thorough Tenant Screening. During the application process, ask applicants if they have pets or plan to get one. This can help you identify issues upfront and screen prospects who may not comply with your pet policy.

Regular Inspections. Regularly inspect your rental properties to ensure tenants are observing their lease terms.

Pet Addendum. If you allow pets, add a pet addendum to your standard lease. This document should specify the types of pets allowed, the maximum number of pets and the tenant’s responsibilities, including cleaning up after the pet and repairing any damage caused.

Pet Fees/Deposits. Charge a non-refundable pet fee and collect a pet deposit or monthly pet rent from renters with approved pets. This can help cover any potential damage caused by pets and reinforces the importance of following the rules.

Educate Tenants. Include clear information about your pet policy in any tenant welcome guide. Educating people from the start about your rules and the consequences of violations can help lower the chances of unauthorized pets.

Handling an unauthorized pet lease violation requires a healthy balance between firmness and flexibility.

By following a straightforward process, offering practical solutions and preventing future violations via proactive steps, you can protect your properties, maintain positive relationships with your renters and minimize legal and financial risks. Always stay educated about local regulations related to pets and tenant rights to ensure your actions are legally compliant and fair.

Additional Resources

Here are some helpful legal resources and examples of lease agreements and pet policies for landlords dealing with unauthorized pets in their rental units:

 Federal Resources

• U.S. Department of Housing and Urban Development (HUD). Provides guidance on tenant rights, including service animals and emotional support animals under the Fair Housing Act (FHA)
• Americans with Disabilities Act (ADA). For information on the rights of individuals with disabilities, including using service animals in housing.

State and Local Housing Authorities

• Find Your Local HUD Office. If you need to contact a local HUD office for guidance on dealing with unauthorized pets or tenant rights in your area, you can use this tool – HUD Office Locator.
• Local Housing Authorities. Many cities and states have housing authorities that enforce local landlord-tenant laws, including pet policies. To find your local authority, search for your city’s or state’s department of housing website or landlord-tenant law page.

Animal Law Resources

• Animal Legal Defense Fund (ALDF). Provides information on animal laws, including service animals and pet policies in rental units.
• National Association of Residential Property Managers (NARPM). Offers resources and guidelines for landlords, including sample lease agreements and pet policies.
• EZ Landlord Forms. Offers customizable lease agreements, pet addendums and legal forms and templates.
• LawDepot. Provides lease templates that include pet policies.