5 Steps to protect yourself/property legally if your tenant has pets.
Most landlords are averse to allowing tenants to keep pets as they may cause damage to the property, fixtures, fittings and garden. Some landlords will however allow tenants to keep pets but the “house rules”, related to the pets, must be clearly stipulated in the lease agreement and accepted by both parties. By “accepted” means understood and agreed upon, signed, witnessed and dated and included or attached to the lease agreement as an amendment or addendum.
1. Clarify in writing the breed, age and sex of the pets. The number of pets allowed should be recorded in writing as sometimes tenants ask for permission to keep one old lap dog, only for the agent/owner to find numerous pets on inspection some months later.
2. Be very clear on the house rules regarding animals and their access to the property and your fixtures and fittings. If the home is let furnished you may have to accept that furniture (lounge suites and beds) and fixtures (carpets, wooden or treated flooring) may be damaged further than “fair wear and tear”. Wooden or treated floors and carpets are also more susceptible to damage beyond normal or fair use.
3. Municipal by laws regarding nuisance pets must also be checked on and adhered to. Neighbors may object and or complain about barking dogs or cats invading their properties. If the neighbor seeks legal help the landlord may be responsible for the legal fees.
4. Check with your insurance company on your liability if one of the pets damages property. What is your liability if the tenants’ dogs attack a neighbor or one of the neighborhoods’ pets? In a recent case a tenants Pitbull attacked a neighbor’s cat and refused responsibility for a hefty veterinarians account, never mind the stress and drama caused.
5. More frequent property inspections will be required by the owner/agent to check on the home, fixtures fittings and garden. These inspections should always be arranged jointly with the tenants and recorded and signed by both parties.
If you are unsure of any of the above or need more clarity, please contact a property professional.
Nic Campher
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