Your resident has signed a Pet Addendum, but now you received a letter from the insurance company stating that no pets of a particular breed are allowed. Possibly the resident’s pet was aggressive or gets loose too often. Maybe you noticed carpet damage and a foul odor during a recent inspection. Can you just ask the resident to remove the pet? Will you end up in court having to prove what the resident’s pet done? Will there be a dispute over the breed of the pet? Unless we are dealing with service animals, the fact that a resident is allowed to have a pet on the premises should be a privilege and not a right. This privilege is granted to the resident through the lease agreement and particularly the Pet Agreement or Pet Addendum. Problems will arise during a tenancy which may not easily be dealt with due to defects in the Pet Agreement or Pet Addendum, hereinafter the “Agreement.”

The Typical “Agreement”

The typical Agreement deals with the charges for the pet, number of pets, weight limits, breed, conduct of the pets, and damage due to pets. Most Agreements are clear that a pet must be kept on a leash at all times, use certain areas to do their business, should not disturb neighbors, and limitations are imposed on offspring.

The Pet Problems

Breed – While many Agreements prohibit certain breeds, somehow pets slip through the cracks, because the property manager does not get a letter from a vet as to the breed, the breed is a strange name or the pet is of a breed that is mixed with one of the prohibited breeds. Now we have a dispute as to whether the dog is a prohibited breed. A diligent property manager confirms the breed before taking the pet fee or pet deposit.

Weight – Often the dog’s weight is not checked or increases dramatically over time and now is in violation of the weight limit five months into the tenancy. What is the resident supposed to do, put the dog on a diet?

Aggressive behavior – Many dogs appear to be aggressive or exhibit what we call aggressive behavior. This is extremely subjective, as a dog lover or owner may consider the dog to be affectionate, while someone else may be in fear of her life just upon seeing the dog. How do we gauge or define what aggressive behavior really may be?

Creating unsanitary conditions – Many residents are just plain lazy and refuse to use the designated areas for the pets to defecate and urinate, or fail to clean up after their pet. Are we going to follow the resident every time they walk their dog and take a video?

Damage to the premises – Pets can and often do damage carpeting and walls in a short period of time. You could serve a resident a Seven Day Notice of Noncompliance with Opportunity to Cure for the damage, but is the resident going to replace the carpet? If they do, will the damage cease?

Barking – Many pets behave like a charm when their owners are home, but the minute the owners leave, howl and bark all day and night. The resident denies this profusely as they never hear this happening. Are you going to set up recording equipment?

Fact Issues

All the aforementioned problems with pets are factual issues. Factual issues can and are disputed in COURT. In order to win in court, you must prove that the Agreement is violated and present the “facts” which will be disputed in court. Residents who are asked to remove their pet are not apt to just say OK and will often fight you in court.

A Privilege and Not a Right

We feel that a resident being able to have a pet on the premises is a privilege and not a right. This privilege should be a revocable one at your sole discretion. However, if your Agreement does not clearly spell this out, you will have a major problem getting a resident to either remove the pet or vacate the premises. By using the following wording, you will have a better chance of being successful in either getting the resident to remove the pet, or if this does not occur, evicting the resident and their pet from the premises. As always, before you serve a Seven Day Notice to Cure to the resident, we recommend that you call your attorney for the proper wording.

SAMPLE LANGUAGE FOR YOUR PET AGREEMENT OR PET ADDENDUM

Resident(s) agree that approval, denial, or continuing permission to keep a pet or pets on the premises is at the sole discretion of owner or agent. Manager, owner or agent reserves the right to withdraw consent at any time by giving the Resident(s) 7 days written notice to remove pet(s) from the premises for any reason at all including but not limited to noise, barking, biting, odor, damage by pet, unsanitary conditions caused by pets, breed of pet, disturbances, or threatening behavior towards other Resident(s), employee(s) of owner or agent or any person(s). In the event the pet(s) are not removed after notice, Resident(s) will be subject to eviction and shall be in breach of the lease and this agreement. Resident(s) agree that keeping a pet on the premises is a fully revocable privilege and not a right.

“Serving the Property Management Professional”

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