Pet in Home - violation of lease

[camedij]

What is the name of your state (only U.S. law)? MD

I went to inspect a property for damage reported by tenant from a water leak. The water damage was in two places dining room ceiling and living room. The dining room ceiling had a stain in a drop ceiling tile. Tile was replaced. The other damage requires a plummer to inspect which will be out on Monday. Overflow tiles were placed in a storage room in the basement, it was there that the cat was noticed, litter box and food dish which is in strict violation of lease that the tenants agreed to not have any pets. The properties in the area are known for having a rodent problem in the area but also there is a pest control warranty on the house. What should I do? Do I ask them to remove the pet? Do I charge them a fee for the pet? The lease was written up for first and last month's rent considering location of the property so there is no security deposit to recoup after tenants leave to take care of the damages due to pet or otherwise. The basement where the pet is kept already smells like the pet has been there for awhile.

 

[seniorjudge]

What does your lease say in answer to your questions?

 

[camedij]

Lease states

Tenant shall have no pets in the form of dogs/cats/birds or any four legged animamls on the Premises.

 

[seniorjudge]

Then it's up to you to decide what to do.

If you do allow them to keep the cat, then have them sign a temporary waiver stating that you are not giving up any rights under the lease but you are letting them keep this one cat temporarily and you reserve the right to change your mind at any time.

 

[camedij]

This helps

Thank you! Your comments help. I am drafting the waiver now. I want to have it delivered by regular and certified mail to them no later than Tuesday.

 

[camedij]

Pet issue response from tenant

Any thoughts on the email trail below. I tried to stick to the facts contained in the lease. I realize that alot of people who have rentals tend to go with mgmt companies. I am the all in one buck stops here. I am learning and growing in this profession and fully understanding that I can not deviate from what is written to protect my own interest, as well as the tenants and to seek knowledge from others in areas I am less knowledgeable about. I also took a picture of the cat, litter box, and feeding trays for my records. I am scheduling a pest control appointment to protect me to ensure I am ensuring that all issues are taken and address before it gets out of control and I find myself in rent court for not following up on a complaint. So any insite would be great.
thanks
[email thread below]
========
From: Tenant
Subject: cat fee
To: <camedij>
Date: Wednesday, August 13, 2008, 9:30 AM
Hi, Okay thanks for all your help.

--- camedij wrote:
Tenant, I asked you to call me in regards to if any more problems occur with regards to pest in the home so that I can have the pest control come out more often. If I don't hear from you then I don't know its a problem. When in doubt read your lease, it covers what is acceptable and what is not and all changes to the premises as welll as responsibilies of tenants occupying the premises. Every request has to be submitted in writing for approval from the Landlord. I'm not sure how you will handle the cat issue. At the present you and Harold have violated your lease and you have to come into compliant by working out a payment plan to cover the cost of a pet on the premises. The fee is to protect all parites (Landlord, Tenant, pet) involved as well as the property for any incidents that occur for having a pet on the premises. Also, I will be over sometime next week, preferably next Saturday to follow up on the ceiling, sanding and put a primer coat on the ceiling. Let me know if you see any other leaks so I can resolve the problem. I will schedule a pest control appointment for you for next week. Please have the pet out of the way during the appointment.

Hopefully this information is helpful.Regards,

--- On Wed, 8/13/08,Tenantwrote:

From: Tenant
Subject: cat fee
To: <camedij>
Date: Wednesday, August 13, 2008, 8:12 AM

Hello mrs Landlord,I am writting to ask you if I we get rid of the cat do we still have to pay the 225.00 . I don't have the money and we only had the cat o get the mice it so many mice in the house and the cat was keeping them under control please call me and let me know.

 

[Gail in Georgia]

Poor tenants! Forced to purchase a cat to take care of all of the mice in the rental!

You've done fine in terms of addressing their reasoning (true or false) for getting the cat.

Gail

 

[clch]

How about not being a prick and kindly modify the lease agreement? A cat imposes no burden on you and any damage it causes can be addressed through the normal processes that would be used for addressing "regular" damage caused by tenants.

 

[rowz]

clch gave advice that smells almost as bad as the cat pee - ignore it.

1) Continue the exterminator to get rid of the ongoing rodent problem.
2) tell the tenant that the cat goes - period, no further discussion. Do not look at the cat. It will know you want to get rid of it and start using its feline wiles to grow on you, which it will.....like a fungus!
3) Get an estimate from a professional cleaning service that will warrant that they deal with the cat odor and get rid of it. Let the tenant know that they will be paying for that as they violated their lease by having the cat.
4) If they whine REALLY hard about the cleaning fee, then offer a compromise that lets them pay half the cost. In 3 easy payments of you have to.

You will b sorry if you do not deal with this now. Cats can stink up your rental real bad....and tenants that violate a lease like the idea and will do it again.

I am not a landlord though I have been a tenant. I have had a cat and know about the stink that they can leave behind and how hard it is to deal with. Many of those living with the cat do not reralize the smell and how it is on everything that they own unless they keep the cat meticulously clean.

 

[VeronicaLodge]

How about not being a prick and kindly modify the lease agreement? A cat imposes no burden on you and any damage it causes can be addressed through the normal processes that would be used for addressing "regular" damage caused by tenants.

that is ridiculous advice. and he wasnt being a prick, he didnt evict them or threaten them but instead was going to allow them to keep it but was charging a reasonable fee because of the DAMAGE A CAT CAN DO. allowing tenants to have pets IS A BURDEN.