When I advertised my apartment on Craig’s list I was very clear that pets were not allow. I’ve discovered yesterday that one of my tenants has a cat. I was in my backyard and saw the cat on the window sill. I don’t want to seem anal, but a rule is a rule. They signed the rider and agreed to it, so they’re actually breeching a contract. How should I handle the situation without any animosity?


Comments

  1. I’m so glad to see the voices of reasonableness here, with exceptions like 9:47 and 12:45, and and 1:53 (what a curmudgeon) of course.

    As a landlord myself, I would always talk to tenants first regardless of the legalities. Most people are non-confrontational and your tenants and you might easily reach a compromise.

  2. We, too, are alergic to cats and do not allow them in the building. Trust me, it’s a VERG big deal if they live even two floors up or down: airways close up and three family members cannot breathe. They end up in the E.R. Our neighbors had the same problem – calmly tell them they must remove the cat as there are health issues and they agreed to that when they signed their lease. Don’t let anyone else tell you it’s not a big deal — it is.

  3. None of these renters know or care about what’s involved with having to remove pet hairs and funk while preparing the space for a new tenant. So please dont take advice from renters.

    It’s a business you should treat it as such and you will get more respect from your slick tenants.

    It’s only been 2 months so can you imagine next year? They will take advantage of you.

  4. I agree: go slow. You first need to talk to your tenants. Maybe, and just maybe, it’s someone else’s cat. But you said no pets–I think that you need to stick to that, if they take an inch here, they’ll take a mile somewhere else.

    BK is not short of good tenants, maybe you need to make that clear to them.

    Advice from a lawyer might be wise with regards to documenting this issue.

  5. it is a really tough situation- speaking as a pro-cat person. However, having lived in apartment builds with both tenants with pets and tenants without, I’ve never heard of a tenant complaining that another tenants pet set off their allergies. 20 cats (G-d forbid!) yes- but one that the other tenant is not in contact with is hard to make a case for. Maybe the third tenant really should be part of the discussion too?

    I don’t think a tenant can stop paying rent because of that, in any case. And tenants cannot simply decide to stop paying rent because they want to. It’s illegal and in a 3 family building, the tenant doesn’t have the same protections as in a larger one. But most importantly as faithful says, “I don’t want to evict them, but I do want to make them aware that I know about the cat. I just don’t to be confrontational about it.”

    I think the tenants are darn lucky the landlord is willing to be nice about it- so maybe just play it by ear. talk to them first.

  6. “It would be absolutely ridiculous to consult a lawyer over this.”

    No, Brooklynnative, it wouldn’t be. If they broke the lease and you want to know the correct way to start evicting them, you ask your attorney. You only think it’s ridiculous because you think they should allow cats.

  7. No pets means no pets (cats included). I must premise this by saying that I’m not a pet person. But also, that if you allow a cat for one apartment, you will be hard pressed to disallow other pets in the building.

    If I were you, I would first ask them about the cat (before assuming that it is their cat, and not a visitor to the apartment who stopped by with his/her cat). If it IS their cat, I would remind them of the rider in the lease (no pets) and ask them to either vacate in 30 days (since they are in violation of the lease) or give the cat to another family. If you don’t really care that much about the cat, then I would ask for an extra security deposit.

    As a landlord, if you ignore this situation, then you waive any right to reforce that clause of the contract in the future. They will be able to successfully argue that you saw the cat and agreed to its presence (basically by doing nothing about it).

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