How does a live-in landlord enforce a ‘No Pets’ policy, when a tenant moves a pet into the shared accommodation, despite his / her having specified in their newspaper advertisement that a severe allergy to cats was the reason behind a no pets policy for the rental apartment.
Obviously, while the tenant’s apartment is separate from your part of the house, yet, both tenant and landlord living quarters share the same heating system, which means cat hairs make their way into the landlord’s rooms. An in-depth discussion about how miserable your allergic reactions are making your life and how your doctor has advised you to stay away from cat hair and dander, has not convinced your tenant enough to make him / her get rid of the cat. This refusal is making you desperate, however, your tenant has signed up for a year!
Well, what you must bear in mind is that it is not easy to give up a pet, while at the same time cat allergies are not easy to live with. But, your tenant received fair warning, when you made it plain in your advertisement that pets were not allowed. This means he / she is legally bound by this rule, unless you said or did something to make him / her think, otherwise.
For example, tolerating the cat’s presence may make it difficult for you to convince a judge the No Pets policy should be enforceable. Landlords must remember to be prompt in reminding tenants that lease terms are being broken, if they wish to be able to hold their own, in case the matter is taken to court.
Violation of rental lease terms and conditions are considered sufficient grounds for terminating a lease. So, if telling your tenant the cat must be removed has not worked, then you will need to send him / her a written notice asking for immediate cease violating lease terms i.e. find the cat a new home, or else move out. The legal term for this notice is called a ‘Cure or Quit’ notice. If, the tenant pays no heed, a landlord can go ahead and file for eviction. As a rule, most State laws give tenants a set timeframe i.e. three to ten days, in which they have to comply with the Cure or Quit notice. Ultimately, that may do the trick and your problem could be solved with the departure of either the allergy-causing kitty or both, kit and caboodle!
That apart, landlords should make themselves cognisant with all rules and regulations before drafting a lease, and must take all necessary precautions, such as, screening tenants and conducting background checks on prospective tenants, including ensuring all promises in the rental lease are adhered to, as their 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 tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!