What Can Landlords Do if a Tenant Violates the No-Pets Clause of the Lease?

Use these links to jump to different sections:

• Can Landlords Ban Pets?
• Service Animal Protections
• Changes to Pet Policies Mid-Lease
• Enforcement of No-Pet Clauses
• Handling Unauthorized Pets
• When to Seek Legal Help
• Find Experienced Legal Help

Deciding whether or not to allow pets in your rental property is a personal decision that landlords face. While it can be an opportunity for additional income, it can also present risks. Because of this, many landlords choose not to allow pets in their rental. Despite signing a lease agreement that does not allow pets, some tenant pet owners choose to bring a pet into the rental anyway. When this happens, the landlord must act quickly to enforce the lease.

Can Landlords Ban Pets?

A landlord can choose not to allow pets in their rental housing. As the property owner, you have the right to decide how you will manage and use your property. This includes dictating if pets are allowed. To enforce this decision, a landlord must state their policy in clear terms in the rental agreement. However, the law can vary among states, counties, cities, and municipalities.

There may be restrictions over how landlords can restrict pets. For example, a landlord may want to only allow small dogs, but they live in an area that doesn’t allow landlords to restrict pets based on size or breed. Another common restriction is ordinances limiting the number of pets allowed in a home or rental unit.

Service Animal Protections

Landlords must also learn the difference between a pet and an assistance animal. Landlords cannot reject a potential tenant because they have a service animal. The federal Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) protect individuals with service animals from discrimination when applying for rental housing. These protections are separate from landlord-tenant laws. Under these laws, landlords cannot discriminate against individuals with a service animal. They also must make reasonable accommodations for tenants with disabilities. Landlords must do this even if they have a no-pet policy.

All states also have their own version of the federal housing law to protect individuals on a state level. These laws can vary from state to state. Some have broad protections that cover service and emotional support animals (ESA). Others are more restrictive in their protections. Generally, landlords are not allowed to charge extra fees or pet deposits. They also cannot restrict the breed or size of the animal. They cannot ask for proof of training.

Changes to Pet Policies Mid-Lease

A landlord can choose to allow a pet after the lease is signed with a no-pet policy. Perhaps the tenant violates the lease and brings a pet into the rental after living there for several months. The landlord may decide the better option is to allow the pet but charge a pet fee, pet security deposit, or pet rent. In this situation, the landlord will need to add an addendum to the lease with the updated terms. Another common and similar situation is a tenant that signed a lease allowing their one pet, but now they want to get an additional pet, or they want to get a new pet at the time of lease renewal.

Changing the terms of the lease at renewal is fairly straightforward. The landlord would update the lease terms and have the tenant sign the new lease. The lease states all landlord requirements for a tenant to have a pet, such as fees, deposits, size and breed restrictions, vaccinations, and monthly rent. The tenant’s right is to accept or object to the new terms. If they accept, they sign the new lease, renewing their time in the rental property. If they object, their lease ends, and they must vacate the property.

Changing the lease terms mid-lease is slightly more complicated. Generally, a landlord cannot unilaterally change the lease terms mid-lease. Even if it is to change from not allowing pets to allowing pets. A lease is a legally binding contract, and both parties to that contract must agree to change it. When the landlord and tenant mutually agree to change the lease, they will both sign an addendum attached to the original lease contract.

Enforcement of No-Pet Clauses

A landlord has the right to enforce the original lease agreement. If the original lease terms state that no pets are allowed in the rental, then the landlord can take steps to have the tenant’s pet removed. If the tenant refuses to remove the pet, the landlord can take the next step of removing the tenant for violation of the lease. Before taking any action, a landlord can speak with an attorney. That way, they can understand their legal options and any laws that may apply to the situation. Speaking with a lawyer before taking action can ensure a landlord doesn’t take an action that could potentially hurt their cause.

Before taking any action, the landlord should review the lease agreement. If the landlord doesn’t follow the lease and the law, they may be unable to remove the tenant. The landlord must also gather evidence that a pet lives at the property. Often, tenants will claim there is no pet and try to hide the animal. Evidence documents the pet’s presence at the rental, so that isn’t one party’s word against the other.

From this point forward, make all communications in writing and document every step taken. This will become vital evidence later should you have to go to court. Send a notice of lease violation in writing to the tenant. The notice should describe the violation and the lease term violated. It should provide a clear deadline for tenant compliance and the potential consequences of noncompliance. The amount of time to comply will vary based on the type of lease, lease terms, and applicable laws. A month-month lease will have a much shorter day’s notice than a multi-month lease.

While it can be difficult, the landlord must wait for the deadline, giving the tenant time to correct the violation. Once the deadline passes, the landlord can follow through with the consequences outlined in the 30 day notice. This could be assessing penalties or fines.

While fines are a punishment, they also don’t correct the situation in the long term. A landlord may need to follow up with the tenant to ensure compliance. If the tenant doesn’t want to comply, they could suggest mediation to negotiate a solution.

The final option for landlords is to pursue eviction through legal action. Landlords cannot “self-help” by evicting a tenant on their own. They must go through the legal process of eviction and obtain a court order. 

Handling Unauthorized Pets

If your renter violates your tenancy agreement by bringing pets into the home, you need to act promptly. Send written communication to the tenant informing them of the violation. Give them specific time to correct the situation by removing the pet. Depending on your state law, you may need to send multiple written notices before taking further legal action.

Another option is to accept the pet in the rental and change the rental agreement. You can decide to allow the pet and charge the tenant a deposit or pet rent. To do this, you will need to add an addendum to your original lease agreement.

When to Seek Legal Help

Many pet lease violations can be resolved by the property owners and tenants communicating with each other to find a mutually acceptable resolution. This is the best option because you can maintain a positive, friendly landlord-tenant relationship. This will make living out the rest of the lease more manageable. Unfortunately, this doesn’t always happen. In this situation, a landlord may need to seek legal advice from an attorney. The attorney will help the landlord gather the necessary documents and evidence. They can review complex lease agreements and simplify complex tenant and rental property situations.

If the tenant repeatedly violates the no pet policy of the lease, then it may be time to take more serious measures. An attorney can help the landlord understand their options and what steps they should take to protect their property.

Similarly, a lawyer can assist the landlord if the tenant refuses to leave the property after being notified of the lease violation and asked to leave per the lease terms. The attorney can guide the landlord on the appropriate next steps to legally have the tenant removed from the property.

The lawyer will also discuss possible dispute resolution options when preparing for representation. Sometimes, a more formal negotiation or mediation can facilitate a resolution without having to go to trial. The attorney will also discuss possible counterclaims the tenant may have. The landlord and attorney will work together to establish responses to these potential counterclaims.

Should all attempts at resolution fail, the lawyer can file on the landlord’s behalf to have the tenant evicted. The lawyer will provide guidance on the correct procedure, required evidence, and average timeline.

Richard L. Spencer, a real estate attorney in Houston, Texas, at the firm of Ferguson Braswell Fraser Kubasta, talks about the value an attorney brings to resolving a legal matter: “The value I can add to [the client] is to try and sharpen the point a little bit on what they think they want and where they think they want to go.” Spencer explains his basic approach when working with a new client. “There are two things I typically do when getting with somebody. I try to determine what their goals are and where they want to go.”

Find Experienced Legal Help

If a tenant has violated the lease terms by bringing a pet to your rental, you have several options. Your first step should be to speak with a real estate attorney. They will review your lease and explain the law. From there, you can determine a course of action that will help you protect your rental. By acting quickly, you can resolve the situation and, hopefully, maintain a positive relationship with your tenant.

Visit the Super Lawyers directory to begin your search for a landlord-tenant law attorney.