Landlords: ‘No Pets’ Policy Enforcement
How does a landlord with pet allergies enforce a ‘No Pets’ policy, when a tenant who has signed a year long rental lease, breaches it? While, asking him / her to remove the pet may result in a lot of heartache and break for both pet and owner, no doubt adequate warning was given at the time the tenant moved in. Obviously, you must have also made it clear in your rental advertisement that pets were not allowed, which legally binds the tenant to abide by this rule, unless failure on your part to enforce the policy, has made him / her think you have changed your mind.
If, you have been openly tolerating the tenant’s pet, then you will have a tough time convincing any judge that that the ‘No Pets’ policy should be enforced. The tenant should have been warned of breach of lease, the moment the pet made an appearance, as violation of an important rental lease term or condition is grounds for termination.
Begin by sending the tenant a written notice asking him / her to cease the violation i.e. find the pet a new home, or else move out. In legal jargon, this notice is called a ‘Cure or Quit’ notice. If, the notice is ignored, a landlord is entitled to go ahead and file for eviction. Most state laws allow tenants a set amount of time (anywhere from between three to ten days) in which to comply with the ‘Cure or Quit’ notice. Be sure you do everything by the rule book to win your case.
That apart, landlords should make themselves cognisant with all rules and regulations before drafting tenancy leases or rental agreements. They must also take all necessary precautions, such as, tenant screenings, background checks on prospective tenants, including making certain all rental lease clauses are adhered to, as insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for their tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!
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