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. 4:18 is the worst kind of lawyer to seek advice from. The very 1st question tells you his/her position.

    Were you the lawyer for that guy who had a tiger as a house pet a couple years ago?

  2. 4:40pm — when you moved into the apartment was it specifically advertised as a “no pets” apartment (and not just something in the rider)? Did you check first with the super and/or whomever you rented the apartment from when you saw that rider in the lease?

    Are you really saying that you see an ad for an apt. that says “no pets” (not just in the rider), you go see the apartment knowing you have a pet but still assume it will be completely fine to bring your pets when you move in? I find that hard to believe.

  3. I can’t believe anyone who does animal adoptions allows them to go into homes where there’s a no pet clause in the lease, just because the person can’t be evicted. So a good home for an animal is a person who could care less about the rules — I’m sure such a person would be a fine pet-owner. I bet they don’t follow the rules of the adoption agency at all, but who cares, right?

    Of course your first response should be to remind the tenant that there is a no pet policy and that you and the other tenant suffer from cat allergies. It doesn’t matter whether the cat is currently affecting you or not, any tenant who doesn’t respect an allergy is no one you want living there. If they simply refuse to remove the cat under any circumstances, they are inconsiderate jerks. If you don’t want to go through the hassle of evicting them now, just don’t renew their lease in 10 months, and make sure you give them a very bad recommendation to the new landlord. If I were you, I’d sign up with a landlord service I once read about in which you can report late rent payments to a credit service so it goes on the tenant’s permanent credit report. Because they sound like tenants who also don’t think it’s necessary to pay their rent on time. If they are model tenants otherwise, you can give them a good recommendation when they leave, but by no means renew their lease — just because your allergies aren’t acting up now doesn’t mean you should wait around permanently.

  4. 4:20’s right – I just moved out of an apartment in which the rider said “no pets” but I was allowed to have my two cats there. The super who managed the building was totally fine with it and many people in the building had dogs or cats. Why it had to be included in the rider if it was allowed is beyond my understanding…

  5. According to my friend who does animal adoptions, you have to sue a tenant to get rid of a pet, even if there’s a no-pet clause in the lease. A notice to quit isn’t good enough and you can’t just evict them.

    As 4:18 said, then you’ll be put in the position of explaining to a judge why you brought the action — not because the cat has actually caused you any problems but because it’s a violation of the lease.

    I spent three years in housing court over a series of technical lease violations and even I thought the court was a bit harsh towards my scumbag landlord, who lost every action against me and wound up in hot water over a fraudulent facade inspection report.

  6. “many renters probably do not think you are serious or actually care about the no pet clause…there are tons of things in a standard lease that are not really enforced…i don’t think this makes them untrustworthy”

    It wasn’t just in the lease. It was very clear in the ad for the apartment. Get them out now. The tenants are in all likelihood just like many of the posters here who think they get to make their own rules in your property. Being too timid about it will give the impression you are not serious. Don’t be rude, but do be clear. The fact that eviction can be a long process means you start it right away, not that you don’t bother with it.

  7. I’m not a lifelong NYer, but I’ve lived here for well over 20 years, most as a renter, and I NEVER understood “no pets” to mean “no dogs but cats are fine”. What??? When you own a cat, and you see a lease that says “no pets allowed”, you simply ask if a cat is okay. You don’t assume a cat is somehow the same as a goldfish or turtle. A PET does not live the vast majority of its life in a cage, a bowl or container.

    Sorry, I don’t believe the No Pets clause is ignored by everyone. What kind of people do you hang out with, anyway. I guess the people I know are just more considerate.

  8. I’m a landlord, and I love cats. When I had them, I kept super-clean. I vaccuumed, scooped, sanitized, and deodorized. So I was pleased to let my tenant keep a cat. Big Mistake. The Smell permeated her entire apartment and even sometimes wafted into my house above. She let the cat out sometimes, and he ate my flowers. She moved in July of last year, and the Smell is only just now gone away. It was everywhere; I couldn’t find one particular area to fix or replace, so there was no way to take it out of the deposit. Fortunately we weren’t looking for another tenant for that unit, but if we were, we probably couldn’t have found one. Should we ever rent it out again, NO CATS.

  9. “I brought them home again and the landlady again freaked out, so I had to put the old one to sleep! The younger one came back to the office and starved herself to death she was so heartbroken (mind you she was morbidly obese). A tragic tale – but just shows you what people (i.e., me) in this city will do for real estate…”

    This is the kind of person who is on here saying they should get to do whatever they want for the rent they pay. Selfish and irresponsible. You killed your own cat when it was old and sick and in need of care and attention because it was too inconvenient to deal with. Guess what is going to happen to you when you are old? Your landlord will call and have you taken away and put in a home for the indigent because you can no longer care for yourself and you left the stove on or the water running. Don’t be to surprised if the nurses don’t wipe you and turn you and your bedsores lead to staff infections that cause you a slow and painful death. I hope you remain clear minded enough to remember your cat and landlord when it happens.

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