Can a Landlord Make A Tenant Get Rid of Your Dog? The Truth About Unauthorized Pets

Did you recently inspect your rental property and discover an unauthorized dog wandering about the premises? As a landlord, managing tenants can already be complex, and adding pets into the mix makes it even messier. If you’ve found that your tenant has a dog without your permission, you may wonder: Can I legally require a tenant to get rid of their dog if it wasn’t authorized in the lease?

Whether the pet was brought in after the agreement or the tenant failed to disclose it, dealing with unauthorized pets can raise concerns about property damage, liability, and potential violations of your rental policies. In this blog, we’ll explore your legal rights as a landlord, what actions you can take when a tenant has an unauthorized pet, and how to handle the situation effectively while maintaining a positive tenant relationship. We’ll also share a few tips for tenants to remember when looking for a rental property with their furry friends. Keep reading to learn everything you need to know about unauthorized pets at rental properties!

Can a Landlord Make Their Tenant Get Rid of Your Dog?

As a landlord, you cannot legally enter your tenant’s property to remove a dog or other pet or aggressively force the renter and the animal out. Often, the law prohibits you from entering the tenant’s home or apartment without giving notice except in the case of an emergency or if the lease specifies otherwise. If you’d like the pet gone, it’s crucial to go through proper legal procedures, which we’ll explore further below

It’s also important to note that even if the lease states a no-pet policy, your tenant may still have a legal right to keep their dog or other pet. For example, suppose the dog is a service or emotional support animal. In that case, you may be required as a landlord to abide by the Fair Housing Act and make reasonable accommodations for your renter. In other cases, landlords may have the legal right to fine tenants if they sneak a pet into the property without permission. However, to have the right to charge your renters a pet violation fee, it must be clearly outlined in the lease. Pet-related charges are often assessed per pet and can be a set amount, such as an additional security deposit or a fee billed for every day the unauthorized animal lives in the rental.

When you discover an unauthorized pet on your rental property, the best first step is to write a “Notice to Cure” to the tenants.

Unauthorized Pet Lease Violation Letter: What it is & How to Write One

While it may be tempting to make an angry phone call or send a harsh text after finding out about an unauthorized pet, doing so could harm your reputation as a landlord and jeopardize the future success of your rental property. The most professional thing you can do is write a “Notice to Cure” to the renters, outlining a notice to remove the pet from the premises immediately. You can usually find a template for a Notice to Cure online.

Here’s a basic example of a Notice to Cure if you need help drafting one in a concise and business-like matter:

Date: _____

Tenant: ______

Address: ______

City, State, Zip: ______

Dear _____,

The purpose of this letter is to inform you that you’re violating your lease agreement. We’ve discovered that you have an unauthorized pet in the rental property. Paragraph ____ of your lease agreement specifies that pets are prohibited on the premises. The pet must be removed from the property immediately. 

A thorough inspection of the property will be conducted on ______ (Date and Time) to confirm that the unauthorized pet is no longer living in the property. Failure to comply with this demand could result in eviction from the rental, and you may incur expenses such as court fees or a lawyer. 

We expect and appreciate your immediate cooperation in removing the pet. Feel free to contact me if you have any questions or concerns.

Sincerely, 

Landlord Signature: ________

Landlord Name Printed: ________
Address: ________

City, State, Zip: _________

You must wait 3 business days after sending a pet violation letter to the tenant to see if they’ll comply. Before entering the property, post a notice of entry, ensuring the tenant knows you’re coming. The renter may hide their dog or other animal during the inspection. Landlords can also wait until the lease is over and remove the tenant to avoid court evictions or additional work on your end. If renters refuse to cooperate and you’re not adamant about not allowing the pet, your only legal solution as a landlord is to start the eviction process.

The Final Straw: Can Tenants Get Evicted for Having an Unauthorized Pet?

If the tenant breaks any part of the lease, such as having an unauthorized pet on the premises, you have the right to solve this issue by evicting the renter. However, pet-caused evictions can be very problematic and complex. If you’re really not okay with your tenant having a pet on the rental property, we recommend this as an absolute last resort. Evictions are expensive and can result in a vacant property that’s hard to fill after the renter leaves. Another issue with an unauthorized pet-caused eviction is that you, as a landlord, have to get a favorable judgment in court, which can be risky depending on how the judge sees the situation.

Do You Want to Allow the Pet? Make the Tenant Pay a Pet Violation Fee

If you’d like to avoid the hassle and expense of the eviction process, you can notify the tenant that they can keep the pet if they pay an extra security deposit or pet violation fee. A pet violation fee is usually around $500 per pet. Remember that your renter’s security deposit can’t exceed twice the rent for an unfurnished property. Once you’ve decided on the cost of the additional security deposit, amend the lease, noting the extra fee and guidelines for pets inside your rental property.

Here are a few examples of pet guidelines you can outline in the amended lease:

• Up-to-date on vaccinations required by state law
• Free of any communicable infections or any parasites such as fleas
• Well-groomed and consistently clean
• House-trained
• Obedient, well-socialized
• There is no history of biting, excessive barking, chasing, or other aggressive behavior
• The pet owner is 100% responsible for the animal’s behavior, hygiene, and pet-caused damage

While allowing an unauthorized pet to stay at your rental may not yield the desired result, it’s a reasonable and quick solution to this problem. As mentioned, you can wait until the lease ends and remove the tenant.

What Tenants Can Do to Prevent Pet-Related Issues With Their Landlord

Avoid an unauthorized pet lease violation altogether by proper preparation. If you’re a tenant looking for potential rental property, there are a few things you can do to prevent pet-related conflicts with your future landlord:

• Don’t sneak an animal into a rental where pets are prohibited. Doing so puts you at risk of getting in trouble with the landlord, forming a bad reputation as a renter, and losing your ability to live at the property. It’s not worth it! Instead, look for pet-friendly rental properties.
• Be extra clear about the lease’s language regarding pets. Review the lease with the landlord, asking questions about pets and guidelines for bringing animals onto the premises. Ensure you’re allowed to have pets, especially the type of animal you’d like, and read over the consequences of pet-related lease violations. Both your landlord and yourself will appreciate this extra preparation.
• Ensure your dog or cat is well-behaved around people and other animals. Don’t bring in an animal that’s loud, aggressive, or puts other people or pets at risk. Doing so can negatively affect your relationship with the landlord, potentially leading to lease violations or a notice to remove the pet immediately.
• Be honest about what type of animal you have and how many animals you have. Some landlords only allow certain breeds of dogs or a certain number of animals on their property. Don’t go behind their back to add extra pets or bring in a type of dog that isn’t permitted without checking first.
• Pay required pet fees on time. Owning a dog or cat often means adding additional expenses to your rent. Ensure you pay those charges on time and maintain a positive relationship with the landlord.
• Pick up after your dog in common areas and inside the property. Treat your rental property like it’s your own, cleaning up after your dog, cat, or other animal in common areas and inside your home or apartment. If your dog or cat pees inside, clean it immediately, preventing stains and dirty property.

As a tenant, maintain an honest and respectful relationship with your current or future landlord by honoring pet guidelines and transparently communicating about your animals. Before renting a property, make sure your dog or other animal is allowed; if not, find another rental that’s better suited to your preferences.

We Help Landlords Find Honest Tenants & Avoid Unauthorized Pet Violations

Are you a landlord looking for a high-quality tenant 100% upfront with you from the get-go? TrueDoor Property Management can help you find reliable renters for your property. We provide comprehensive property management services, from diligent tenant screening to ensuring your property is well-maintained. We’ll help you craft a lease agreement outlining pet guidelines and more so that your property is cared for according to your desires from the start.

Our property managers in Orange County and the Inland Empire have been helping property investors succeed for over 20 years. Don’t waste your time filling your rentals with dishonest tenants. Contact TrueDoor today to find the best renters for your property and start generating wealth now!