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erosete | Can a landlord enter a tenant's apartment to see if they have a pet? |
I'm a property manager at a small fourplex. A tenant asked me to fix their leaky sink. During that time I noticed a cat at the apartment. The tenant claimed I said they could be allowed a pet. What I did say was that if they did eventually want to get a pet, we could discuss that topic later. At the time of their move in they did not have a pet and merely asked about the possibility.
I went home, did some research, went over their lease again to ensure that they were not to have a pet. I informed them that the lease agreement states that they are to only be allowed a pet with landlord's written consent. To obtain written consent, we require an additional deposit to cover damage the pet may cause.
After informing them of this deposit, the tenant claimed that the pet was only there for a few days as they were pet sitting for someone.
I have good reason to believe they are lying to me as they have a history. What rights do I have in this situation?
Thanks in advance! |
 |
 
Landlord
 |
It is about that time of year to make rounds and check all of the smoke detectors. Give them a fresh battery every January.
You have a right to check that the lease agreement is followed. Cat sitting usually does not involve moving the cat to another residence, as they tend no to like that.
Give 24 hours notice and check for signs of cat. Smell, litter and cat food. |
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qtboiz20032
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It is a great time of year for preventive maintenance! Send notices to all of your residents informing them that you will be entering all units over the next say two weeks to perform routine checks (air filters, smoke alarms, etc...) don't give them a specific date, just give them notice that you will be doing it... Make sure you go in somewhat of an order, you don't just want to hop and skip around, you might get caught onto and reported. Just remember, whatever you do to one you have to do to all!
Good Luck! |
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JJ
|
Your lease already lays out the right to a higher deposit and requiring your written permission. If you intend on forcing the issue you'll need to write them a warning about the cat requiring the higher deposit and your written permission. You will need to be prepared for the possibility that you could make them mad and lose a tenant.
If you write, it just needs to indicate the rules per the lease, their having the animal without your permission, and your intended course of action.
As a landlord, your lease most likely includes language that gives you the right to inspect the apartment. Comply with that written right if you go choose to go back and inspect the apartment again after sending the letter. |
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anna13
 |
Landlord/tenant law tends to be very state, and even city, specific. In the city I live in now, the LL/tenant ordinance states very clearly that my LL must give me two days notice in order to enter my apartment unless there is an emergency and unless I otherwise give her permission.
You might first check to see if there is an ordinance that governs your role as LL in your local area. Then look for any kind of state law. For example, I used to live in Indiana, and Indiana has their state code online. It's likely your state also has its laws available online. There should be at least a minimal amount of info on the state LL/tenant law.
As a fall-back, I agree that you should look at the lease to see what it says. Of course, the lease has to be in compliance with state and local laws, so if it says anything different from the local or state laws, it will be overruled by those.
I'd also see what the lease says SPECIFICALLY about having pets. It is likely worded in such a way as to make it illegal to even have a pet in "temporarily." (Believe me, the "I'm just watching my sister's cat" excuse is a classic).
Bottom line, my guess is that your tenant is in violation because of the fact that there is no pet agreement between the two of you, and the tenant would have been foolish to bring in a pet before getting a written agreement, PROVIDED the lease states clearly that pets are not allowed. So I'm thinking that local laws about entering the apartment might be irrelevant because the tenant may be in violation just by the mere fact that he/she has the pet there.
Now, like the other poster hinted, it's another matter altogether as to whether you want to get all legal on the tenant, or whether you want to handle things civilly. My advice would be to inform the tenant that he/she is in technical violation of the lease (assuming he/she is) and then offer to come to an agreement on a pet deposit/fee and pet lease. Otherwise, give her/him a certain number of days to get rid of the pet, and then INFORM HIM/HER IN WRITING that you will be entering the apartment on x day to make sure there's no pet. |
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DLK
 |
Cats have a tendency to hang out in windows. Drive by, ask the neighbors or other tenants. Thats how I have always found them. I like the guys idea to go in for 'filter change on the furnace'. I might use that sometime myself. Not to mention gets you doing the regular maintenance. But do check your lease or local laws regarding how much notice you must give.
Good luck. |
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lee t
|
in wisconsin you would give them a 5 day notice to cure the breach of lease or vacate. as a landlord with many units that is the typical story you will be told. how i would handle this would depend on the rental market in your location. |
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robert w
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depends on state local rental laws.
we would hold deposit for extra cleaning and required flea control.
luckily with a cat it will not take to long b4 u can say with out a '?' it has been there tooo long. at that point approach and explain they need a deposit for the pet. |
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GGYY
|
If the lease agreement stated no pets, then you must notify tenants they are not following the lease agreement. You can give them notice to inspect the unit for a pet, also if you do let the tenants have a pet, have them sign an addendum to lease stating the required additional deposit and cost to repair/replace damaged property due to the pet.
Good luck |
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Curtis R
 |
no you can't enter the apartment without 24 hour notice!
other wise it's call breaking and entering.
hey what do you want another $100.00 deposit when they move charge them extra for taking up the carpet!
by the way i had a probelm @ a big apartment house i work night's sleep in the day. 7 time a caught the manager in my apartment the last 4 time's i put a hidden cammera and filed
charges and got her fired. by the way the attorney that file the charge lived in my complex. |
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candyseapony
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i have just been caught with a pet ,my lease does say no pets , But my LL just entered my apartment without 2 days noitice (this is also in my lease) and he has done this before when i had no pet. I will be giving him notice to leave!!! so now instead of working with me he will be out $525 a month |
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