tenant issue - no pets

[Noirish]

Our lease agreement states no pets. They told me they got a dog. I gave they two choices, get rid of it or sign a new lease.

Now, am I still bound by the 30-day notice? This is in California. Thanks.

 

[deadlyapp]

http://www.nolo.com/legal-encyclopedia/terminating-lease-or-rental-agreement-faq-29098-3.html

Edit: Looks like you might be able to terminate the lease within 3 days and begin an eviction, but likely you'll end up tied up in the courts and such actually getting an eviction.

 

[DrPizza]

Since evictions can be costly, it might work better to approach them amicably, with new lease in hand that expires on the date of the old lease, and raise the rent $50/month for having the pet there (dog), or $25/month (cat), or, if it's a goldfish or something, seriously?

 

[XavierMace]

I'd charge more for a cat then a dog personally.

 

[Atomic Playboy]

I'd charge more for a cat then a dog personally.

Yeah, cats are WAY more destructive indoors than dogs. A dog will chew up a tenant's shoes; a cat will claw through every fixture in the unit.

OP; consult a lawyer, not the internet. I know that's not great for free advice, but whenever you're considering something that has actual legal ramifications, talking to anyone but a lawyer is doing yourself a disservice.

 

[Gooberlx2]

I'd charge more for a cat then a dog personally.

Yeah, cats are WAY more destructive indoors than dogs. A dog will chew up a tenant's shoes; a cat will claw through every fixture in the unit.

Huh? Beyond curtains or blinds, what's a cat going to claw through? They're more likely to claw up the furniture (which I suppose is a problem if the place is furnished). A dog might chew the fucking trim off the wall or the corner out of a door, or pull up the carpet, etc... Of course, the big hassle with either is potty training problems, if the tenant doesn't clean it up quickly and properly.

 

[Atomic Playboy]

Huh? Beyond curtains or blinds, what's a cat going to claw through? They're more likely to claw up the furniture (which I suppose is a problem if the place is furnished). A dog might chew the fucking trim off the wall or the corner out of a door, or pull up the carpet, etc... Of course, the big hassle with either is potty training problems, if the tenant doesn't clean it up quickly and properly.

If a cat pees on ANYTHING, the smell will be there forever; dog pee is gone with a little water. Cats will also claw the shit out of carpeting or shred through wallpaper. They're fairly destructive. And you can't train it out of them, like you can with a dog.

 

[Gooberlx2]

If a cat pees on ANYTHING, the smell will be there forever;

Nature's Miracle Urine Destroyer....but yeah, cat pee sucks.

Huh, I've owned cats all my life and never had one claw the wallpaper or ruin carpet. But then, I'm not a shitty owner and provide scratching posts and whatnot. I did work apartment maintenance though, so I'm well aware of the kinds of scumbags that put no effort into their pet ownership. Those rentals were generally trashed for other reasons anyway.

 

[Scarpozzi]

I had a no-pet policy in my rental unit. My tenant got a chinchilla....so basically a rat. I didn't make her sign a new lease, but the rat cage started stinking up the tiny apartment. After she moved out, I professionally cleaned the carpet, etc...like I always did. In the end, it wasn't a big deal and I made a few grand off her.

I think it depends on the size of the dog. If they're otherwise good tenants, you have your revenue stream. It's a question on how much damage the dog can do. If the people are responsible for themselves, they'll likely be responsible for the dog. It's a judgment call.

 

[DrPizza]

Or perhaps, just an increase in the deposit, in case professional cleaning is needed at the end of the lease. (Provided, of course, it isn't something like a pitbull, as that has insurance ramifications. )

 

[Timorous]

Or perhaps, just an increase in the deposit, in case professional cleaning is needed at the end of the lease. (Provided, of course, it isn't something like a pitbull, as that has insurance ramifications. )

This is more what I would do if they did it without asking first, especially if they are otherwise good tenants.

 

[steppinthrax]

Our lease agreement states no pets. They told me they got a dog. I gave they two choices, get rid of it or sign a new lease.

Now, am I still bound by the 30-day notice? This is in California. Thanks.

I have rental property and have roughly 4 - 5 years dealing with tenants. I don't know about CA law, but I've been to landlord/tenant court and know how to make most court filings. I know in general CA is PRO TENANT. As I've heard on a landlord/tenant forum I've used.

Generally speaking I would first answer these questions.

1. How long has the tenants been there, do they pay on time etc...
2. How did you find out about the dog, did they conceal it etc...
3. How is the rental market in the area, is it easy to find someone. In addition if you do kick them out you probably will have a hard time showing the property if the current residents know they are being evicted.
4. Are you prepared to go forward with an eviction. Depending on your state it may/maynot get to that point but you will cause "legal damage" to the tenant as they will have records.

Generally speaking, if they've been there for some time and have paid on time I would negotiate something. In my lease I have a $40.00 monthly pet fee, this covers extra wear/tear as a result of the animal. In addition they must sign a pet addendum indicating the species of the pet and name. The addendum indicates they are resp if the pet does something. In addition I do not allow pit bulls on properties.

Other than that if you want to kick them out for this issue you would file a "Writ to Cure Lease" or something like that, pretty much you are indicating there is a lease violation. Since it's CA they will likely tell you it needs to be substantial and a dog may not be substantial enough, v.s. another additional tenant etc...

 

[Jaepheth]

Might also want to double the deposit

 

[sourceninja]

If a cat pees on ANYTHING, the smell will be there forever; dog pee is gone with a little water.

That is some funny shit right there. The rule is that people with pets that pee apparently can't smell the horrible smell that reeks from their homes. IF you find it asap and use enzyme cleaners you can probably remove the smell of cat or dog piss. Otherwise, prepare to replace that object/carpet/etc, or just understand that non pet owners think your house smells like piss.

I'd say that cats and dogs can be destructive. Both can dig carpet, both can scratch/chew doorways, doors, walls, molding, etc. It's about the pet owner and how they train their pet.

The issue is that most cat owners don't believe they have to or even can train their pet. This makes cats more destructive than the typical dog.

 

[Schfifty Five]

Our lease agreement states no pets. They told me they got a dog. I gave they two choices, get rid of it or sign a new lease.

Now, am I still bound by the 30-day notice? This is in California. Thanks.

At least they told you and didn't try to keep it a secret.

 

[M0oG0oGaiPan]

dog or cat can make a mess out of your carpet. i would ask for a pet deposit and raise their rent. it sounds like they could make it a big hassle for you if you decide to evict.

 

[ultimatebob]

Huh? Beyond curtains or blinds, what's a cat going to claw through? They're more likely to claw up the furniture (which I suppose is a problem if the place is furnished). A dog might chew the fucking trim off the wall or the corner out of a door, or pull up the carpet, etc... Of course, the big hassle with either is potty training problems, if the tenant doesn't clean it up quickly and properly.

Between using the stairs as a scratching post and vomiting everywhere, cats can do quite a number on carpet.

 

[Gooberlx2]

Between using the stairs as a scratching post and vomiting everywhere, cats can do quite a number on carpet.

Yeah, I should have been more clear. I was thinking in terms of pulling up carpet with their claws or teeth. I guess I've just not encountered a cat that's actually destroyed a piece of carpet through scratching. Lucky me. I'd say the most destroyed apts I worked on were always those with little rat dogs, because owners so often don't think they need to train them because they're small. Barking, nipping, pissing and shitting everywhere, AND tearing shit up with their teeth. Had to replace a good number of cabinet doors, carpet, flooring, etc... because of those little monsters.

 

[z1ggy]

I'd charge more for a cat then a dog personally.

This. The worst my dog has ever done was tinkle on the carpet. My cats however, have absolutely fucked certain parts of my house up. Scratching at carpet tearing it up, pissing on things which leaves a stain, unlike dog wee which really doesn't.

 

[mnewsham]

This. The worst my dog has ever done was tinkle on the carpet. My cats however, have absolutely fucked certain parts of my house up. Scratching at carpet tearing it up, pissing on things which leaves a stain, unlike dog wee which really doesn't.

same, 3 cats will fuck up a house with carpet in less than a year.

 

[slightlyhuman]

i have a cat. and she's a dick head when it comes to claws. i don't want to rip her claws out, but if these soft paws and tall ass scratch post doesn't fix it, i might be looking at that option

i will say, soft paws was a pretty bad ass recommendation from these forums.

 

[poofyhairguy]

At least they told you and didn't try to keep it a secret.

Yeah, they are bigger men than me.

 

[slag]

Yeah, cats are WAY more destructive indoors than dogs. A dog will chew up a tenant's shoes; a cat will claw through every fixture in the unit.

OP; consult a lawyer, not the internet. I know that's not great for free advice, but whenever you're considering something that has actual legal ramifications, talking to anyone but a lawyer is doing yourself a disservice.

ymmv, but our cats have never clawed through every fixture in our house. two dogs, however, have chewed on trim, chewed up a couch leg, eaten speaker wire and plugs off stand fans, chewed up blankets, etc.

Dogs are more destructive. All this goes out the window if a cat pees on something though as that smell can be difficult to remove.

 

[SamQuint]

IF YOU LET ONE PERSON HAVE AN EXCEPTION EVERYONE WILL WANT ONE!

You are going to open the flood gates.

 

[pete6032]

I really hope my landlord also seeks legal advice on ATOT.