Sometimes, a tenant may get (or bring with them) a service animal even though you have a no pets policy. Emotional support animals, therapy animals, and service animals will likely be allowed regardless of your pet policy because these animals are not considered to be pets under the Fair Housing Act.
Even where there is a no-pet policy, there are ways in which a tenant can bring the pet on the premises without you knowing:
Sometimes, the pet is only meant to stay for a temporary period of time, so the tenant may not think of notifying you. On the other hand, some tenants purposely violate the lease terms and hide their pets from landlords.
Whatever the case, it’s important that you have a specific protocol that can be followed. Enforcing lease terms is essential to effective property management.
Sometimes, a tenant will bring a pet into the unit without your knowledge. However, the pet’s presence may be brought to your attention by a neighbor who heard the pet or noticed the pet outside. When brought to your attention, you should schedule a maintenance check.
You should investigate if you suspect your tenant is keeping a pet without your permission. A few signs that a pet might be in the unit are:
Upon finding out there is an unauthorized pet on the premises, there are a few steps you can take to address the situation:
If you suspect a tenant has a pet on the premises, the first thing to do is check the lease. The lease should clearly state the pet policy and outline what will happen if an unauthorized pet is discovered.
If there is a no-pets policy, then the tenant will be considered to have breached the contract.
With the tenant having breached the contract, the next step would be to notify the tenant of the violation. It is best to follow formal procedures when dealing with a lease violation. Although you could speak in person or call the tenant, send the official notice of the lease violation in case you need evidence for court.
Depending on your state, there will be different requirements when beginning the eviction process. In some states, landlords must send a lease violation notice, allowing the tenant to cure the violation. In others, landlords do not need to allow the tenant to cure the violation and can immediately begin the eviction process.
Nonetheless, once the notice and timing requirements have been met, you can file in court to evict the tenant.
