Tenants have snuck in pets. What to do?

[NormD]

Help! Upon accessing our rental property to fix a plumbing problem we found our tenants had acquired two dogs. Our rental agreement specifically states that we do not accept pets. Unfortunately, the suite now reeks of dog urine...bad! My initial thought was to evict them, however, I am also considering charging them a premium to have the dogs and then charging them for replacement of the rugs upon move out.
My thinking is that I will have to replace the rugs anyhow and I would prefer to have them move out in mid-August (when their lease expires) as this is prime rental time in downtown Edmonton.

The condo board has to approve their pets first...so it may be a mute point.

Any thoughts? Is this legal?

Thanks,

Norm

 

[Thomas Beyer]

QUOTE (NormD @ Apr 13 2008, 11:25 AM) Help! Upon accessing our rental property to fix a plumbing problem we found our tenants had acquired two dogs. Our rental agreement specifically states that we do not accept pets. Unfortunately, the suite now reeks of dog urine...bad! My initial thought was to evict them, however, I am also considering charging them a premium to have the dogs and then charging them for replacement of the rugs upon move out.
My thinking is that I will have to replace the rugs anyhow and I would prefer to have them move out in mid-August (when their lease expires) as this is prime rental time in downtown Edmonton.

The condo board has to approve their pets first...so it may be a mute point.

Any thoughts? Is this legal?

Thanks,

Norm

Send him an eviction notice AND a bill for damages.

Consider engaging a professional firm that does eviction for a living !

 

[RebeccaBryan]

I agree with Thomas. Hire a professional firm to get rid of them. You can evict yourself, but you have to have the personality for it. You must be able say what you mean and mean what you say and follow through. There`s no being nicey nice and you need to know what you are doing. It`s harder to evict if you don`t have the grounds of non-payment of rent. In these cases you need to have proof and good proof that they were not allowed pets.

Too many times I hear landlords not wanting to stick up for thier rights or avoid conflict. If you don`t want to deal with conflict then hire someone to do it for you!

You will not likely be able to collect for damages as you can`t suck blood from a stone and as well, your time is better spent looking for properties than spending time worrying about collecting for damages.

This comes back to that fact that you need to screen your tenants more carefully. That`s something you do need to learn very well as it can save you a ton of money.

 

[NormD]

QUOTE (RebeccaBryan @ Apr 13 2008, 09:19 PM) I agree with Thomas. Hire a professional firm to get rid of them. You can evict yourself, but you have to have the personality for it. You must be able say what you mean and mean what you say and follow through. There`s no being nicey nice and you need to know what you are doing. It`s harder to evict if you don`t have the grounds of non-payment of rent. In these cases you need to have proof and good proof that they were not allowed pets.

Too many times I hear landlords not wanting to stick up for thier rights or avoid conflict. If you don`t want to deal with conflict then hire someone to do it for you!

You will not likely be able to collect for damages as you can`t suck blood from a stone and as well, your time is better spent looking for properties than spending time worrying about collecting for damages.

This comes back to that fact that you need to screen your tenants more carefully. That`s something you do need to learn very well as it can save you a ton of money.


Thanks for the advice. Do you know if No pets allowed in bold print in the lease agreement enough? I will contact the Landlord-Tenant Act people to clairify. Can you suggest the names of companies you have had positive experiences with in the past.

As for screaning tenants all the references, due diligence checked out ... but I`m still reponsible.

Thanks again.

 

[ApexQI]

Hello, one of the first things is to contact the condo assoc. regarding pet policy. If the assoc. has a NO pet policy for the building then your tenant can be served notice by you with backup letter from the condo board to have the pet/s removed within a specified time. Thus either they remove the pet or remove themselves. We have found it easier for the condo board to evict than for the unit owner. In the lease there should be a standard clause about abiding by condo rules.

Some condo boards have bylaws regarding pets that are allowed i.e. one pet allowed less than 20lbs. again same rule as above if the two dogs are outside of the guideline.

As for waiting until august...consider what additional damage could be done. Subfloor replacement, other wear and tear etc.

Any YES, be very firm. As they will do the same to you with their arguments to keep the mutts.

 

[invst4profit]

Serve notice to evict. Tell them it will go on there record and make it difficult to
find future accomidation. Suggest if they leave immediatly you will withdraw the
eviction notice.
Make sure they pay all damages.

 

[RCC]

QUOTE (invst4profit @ Apr 16 2008, 07:34 AM) Serve notice to evict. Tell them it will go on there record and make it difficult to
find future accomidation. Suggest if they leave immediatly you will withdraw the
eviction notice.
Make sure they pay all damages.


I could not tell where you have your property but my understanding is that in Ontario, no pets policy in a lease agreement is not enforceable. Your best bet is to check if the condo rules restrict pets and this would be your ace in getting them out.

 

[bb2]

I was successful evicting a tenant for acquiring a dog without permission in Edmonton. I had to go to Landlord and Tenant Dispute Resolution - I won under the premise that I was protecting my asset and did not want a dog to destroy the property.

Brenda Bastell

 

[realfortin]

QUOTE (RCC @ Apr 16 2008, 08:26 PM) I could not tell where you have your property but my understanding is that in Ontario, no pets policy in a lease agreement is not enforceable. Your best bet is to check if the condo rules restrict pets and this would be your ace in getting them out.

That`s correct for Ontario. Even if you have a no pet policy in the lease, if they aquired a pet after they moved in you can`t do a thing.

 

[RebeccaBryan]

His property is in Edmonton as stated in his initial post and he can easily evict through the RTDRS. Just make sure and take lots of evidence. Maybe even give a 24 hour notice so you can take a witness along to confirm the smell. You can use this witness at the RTDRS.

Also, don`t wishful think and think that you are going to charge them for the carpet and then expect to collect as it is extremely unlikely even if you do get an order that states so.