Can I Evict My Tenant And Their Pet?

You may be entitled to evict a tenant if they are keeping a pet in violation of the terms of the lease agreement, or if the pet has become a nuisance. Federal, state and local laws will dictate the proper grounds for eviction and how to initiate the process.

Lease Prohibits Pet

If the tenant’s lease contains a pet clause that expressly prohibits the keeping of a pet, and you determine that a pet is living on the premises, you may have grounds for an eviction based upon a breach of the lease. You may also choose to give the tenant the option of finding a new home for their pet and continuing the lease to avoid an eviction.  

Lease Permits Pet

Some landlords may allow for a pet in the lease so long as the tenant abides by additional requirements, such as:

• Additional rent each month for pets
• An additional month’s security deposit
• Making the tenant responsible for damages caused by the pet

If the tenant fails to meet any of these requirements, they are in breach of the lease and may be evicted.

Lease Doesn’t Address New Pet Issue

Sometimes the lease may not address an issue related to a pet. For example, your tenant may not have owned a pet when they moved in but now require the assistance of guide dog due to the recent onset of a disability. Under the Fair Housing Act, you are required to allow a visually impaired person to keep a guide dog.

If you have questions regarding pets on your property, or how you can structure a flexible lease that permits pets but protects you from liability, contact a tenant eviction attorney. An experienced real estate attorney can advise you on your rights as a landlord and what to do if you have a problem tenant. Get started by filling out our brief questionnaire.