tenant has pets not listed on contract, never communicated with us : ezLandlordForms

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Anna R

started a topic over 12 years ago

My tenant signed a 2 year lease agreement. She listed 2 cats on her contract. The contract clearly says only cats and dogs allowed. We came to know today from a neighbor that she had two rodents as pets for the duration of her stay. I am in Texas. I need help.

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Bob R

said over 12 years ago

What do you mean by “for the duration of her stay”? Has she moved? I’m amazed how many landlords sign leases that are greater than 1 yr. Can you please help me understand why you signed a yr + lease. What kind of help are you asking for? -------- Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with this EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

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Anna R

said over 12 years ago

Wow! Very nice to have somebody with plenty of years of experience with rentals. Thank you for responding Bob! The tenant has signed a 2 year lease and has completed 14 months. We just came to know that she moved in with 2 other rodent pets which were not on the application or communicated to us verbally or written. We did not have the slightest idea of it until a neighbor brought it up in a casual conversation this morning. My rental lease agreement clearly states, no pets other than what is agreed upon by both parties. The rental addendum has the pet addendum showing 2 cats. The other 2 pets were not in the list and we know for sure that they moved into the house with a total of 4 pets. The agreement reads a violation charge of $200 per pet and $25/day fine for the time of violation. Does that mean we can charge her to pay the fines from day 1 of the violation? What are our options? Thank you once again.

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Bob R

said over 12 years ago

LOL...I love your $200 fine per pet. I have one-up on you tho. It's $200 per day per pet. Now do I think any court would award me that amount. Only in my dreams. LOL On a serious note. I really use that statement to see the reaction of a new tenant who states they don’t have or are not considering pets. Always go over the contract w/tenant before signing. If they bulk at the amount for any reason…..time to move on. Forget about trying to collect the fine for now. Send her a Notice to correct the violation or move ASAP. Don’t take excuses. And, DON’T CHANGE YOUR MIND. Shows weakness. You’re not here to please. This is a business. She knew the terms and made the decision to disregard the terms. Be prepared to start an eviction Notice. BTW…never do verbal agreement. Always put it in writing as an Addendum and have all parties sign/date. OK, I still like to know why you did a year + lease. -------- Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with this EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

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Anna R

said over 12 years ago

My bad, it is not $200/day. wow!! I would be rich! LOL! On my Lease Agreement under Paragraph 9 PETS: A) Unless the parties agree otherwise in writing, Tenant may not permit, even temporarily, any pet on the Property (including but not limited to any mammal, reptile, bird, fish, rodent, or insect). B) If tenant violates this paragraph 9 or any agreement to keep a pet on the property, Land Lord may take all or any of the following actions: 1) ... 2) Charge tenant, as additional rent, an initial amount of $200 and $25 / day thereafter per pet each for each day the tenant violates the pet restrictions. 3) ... 4) ... This is how it reads. I've omitted other lines which are not relevant to the charges.

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Bob R

said over 12 years ago

I liked your original bad. Stick with it. ------- Why are you avoiding my question about leases over 1 year? I believe the purpose of this forum is to share. I’ve shared. Now it’s your turn. Make an old man happy :-)

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Anna R

said over 12 years ago

Well, was not dodging your question, but I was focused on correcting the charges I mentioned earlier since it could mislead other readers on this forum. I had to relocate to different city because of job loss. We invested so much money in this house and we would have lost significant amount of money if we sold it. It was much better to lease and break even. I'm new to this landlord stuff so it was scary to think of finding renters every year, and what happens when I don't. This renter came across as a stable family guy, good credit and stable income and wanted to stay long term until his kids are out of school in that area. So it was easy for us to do a 2 year lease, just for peace of mind. My realtor who did this deal said a 2 year lease was good, so we just took the professional opinion. :). I wish I could talk to you, but I understand this is a public forum and I respect it.

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Bob R

said over 12 years ago

Now I'm happy LOL I'm not sure why others had not rented their property vs struggling w/payments. Good job! Be proud of your decision. ----The problem with one year leases is that it makes it harder to get rid of bad tenants and freezes the rent for that term. 99% of my leases start with 1 yr and automatically switch to month-to-month. This allows me to change the rent any time after the yr. should the market change or tenant behavior. A month-to-month also means I can change the rent any time vs at the end of a term. Sometimes increasing the rent a little higher than normal will force a bad tenant to move without evicting them. Agents likes long terms since it probably means he'll have you as a client for some time. Was the Agent managing the rental for you? I’ve had several tenants stay for 9-12 yrs with a month-to-month. If you have read other posting here, you probably noticed that leases don’t mean a whole lot. Long term leases are for the benefit of the tenants. I really don’t like the part of your lease that states you have options. I hear myself saying - “I believe I can break the terms. She appears to be flexible.” You don’t have to have it in the lease that you may change your mind at some later date. That’s your option anytime. You don’t have to tell that to new tenants. If your tenant won’t correct violation, get him out. If he stays, tell him he also has to pay the fine. You may be surprised. It’s too bad the Forum doesn’t allow hidden emailing. Maybe they can change that.

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Anna R

said over 12 years ago

Your advice "makes sense" and is eye opening. I wish I found you before I got into this mess :) No, the agent is not managing my rental. I'm doing it since I can't afford to lose more money. Thank you for your advice. Appreciate it very much.

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Bob R

said over 12 years ago

Truth be told…I found you by responding to your question LOL. Don’t get to discouraged. Consider your experience as a part of the learning curve. It doesn’t matter how long you’re in the rental business, you always learn something new. Tenants are very creative. That’s why I have created my own rental agreement. Consider using an agency to find you tenants. I feel it’s worth the money since my time has value. Here in CA, they charge ½ months rent for all showings, credit checks, initial/final inspections. I get copies of someone that may qualify to make final decision. After tenants move in, I introduce myself in person and take over. I got tired of people expressing interest and changing their mind and no-shows. Thank you for your kind words. It's greatly appreciated. Glad I was helpful. BTW - where in TX are you?

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Anna R

said over 12 years ago

I am in Austin. I did use the realtor agency and paid 1 month's rent as fees. I did all the required things legally to rent it out to a good person, but you never know how somebody will behave after being in the house for a while. It is a coin-toss, I guess. Thanks...

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Bob R

said over 12 years ago

My wife and I may be in Austin sometime late summer. Niece is having her 1st child. Who knows, maybe we can share some RE stories. If we do, I'll respond in here and set something up for us to communicate without the whole world knowing . Maybe the owner(s) of the Forum can offer some suggestions for us to communicate privately.