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Tenants just moved in - with undisclosed dogs

Discussion in 'Property Management' started by Thread, 8th May, 2016.

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  1. Thread

    Thread Member

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    My first tenants have just moved in with their two dogs. I stated no pets, and they told my property manager they didn't have any.

    Now they've moved in my neighbours tell me they have two staffys.

    What are my options here, given that they've already moved in?
     
  2. larrylarry

    larrylarry Well-Known Member

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    Did you tell your PM?
     
  3. Coota9

    Coota9 Well-Known Member Premium Member

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    Staffy's are beautiful dogs as we have one but would cause issues in the yard and inside if they came inside especially if you have floor boards.
    Not a great start to their tenancy also with them lying to you from day one,not a great way to build trust.
     
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  4. larrylarry

    larrylarry Well-Known Member

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    I'd want to raise rent and a pet clause added to the tenancy agreement amended. Not sure if this is allowed though.
     
  5. dabbler

    dabbler Well-Known Member

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    Not a good start.

    Now I think you either have to let them keep the dogs, and they will probably be in the house, or get new tenants and allow these to move on if they agree.
     
  6. Xenia

    Xenia Adelaide Property Manager Business Member

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    Breach notice and application to end the lease.

    You can't raise the rent, it's a set amount.
     
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  7. larrylarry

    larrylarry Well-Known Member

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    Can you allow them to break lease and sign a new lease with dogs and new rent?
     
  8. S.T

    S.T Well-Known Member

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    I'm not selling anything
    Of course you can, if both parties agree.
     
  9. larrylarry

    larrylarry Well-Known Member

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    I would personally be commercial about these things if tenants are hard to come by.
     
  10. D.T.

    D.T. Adelaide Property Manager Business Member

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    Can increase by mutual agreement.
     
  11. willair

    willair Well-Known Member Premium Member

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    Check to see what the local rental market is first,then depending on how many rentals are vacant and for how long then complain,maybe it's the property manager fault just to get someone on the rental list and worry about the problems later..
     
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  12. larrylarry

    larrylarry Well-Known Member

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    Agree.
     
  13. wylie

    wylie Moderator Staff Member

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    I would think a new lease by mutual agreement is acceptable.

    I've read here and on SS that you won't win it you try to breach for this reason (assuming tenant decided to test it out)... that a tenant who gets a pet cannot be asked to leave due to having done so. I've never had to test it out though.

    We allow pets but staffy dogs are so heavy and we had one recently have a panic attack inside who scratched a timber door badly. Tenants repaired quite well but the damage is still visible. They are friends of mine so I'm not taking any further action.

    I try to avoid big, heavy or aggressive breeds.
     
  14. D.T.

    D.T. Adelaide Property Manager Business Member

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    Yup, make sure you get age / breed / size upfront so you can make informed decisions.

    You're right, tribunal might be sympathetic to someone with a pet. However with clear aim to deceive (since done immediately on move in) then perhaps the chances are better. At the very least I'd think they'd order lease amendments.
     
  15. emza

    emza Well-Known Member

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    Fairly sure you can't breach on pets. Not in the Act banning (NSW strata may be different). It's one of those contentious clauses like banning smoking in the premises.

    Not enforceable at tribunal.
     
  16. D.T.

    D.T. Adelaide Property Manager Business Member

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    Fairly sure you're mistaken
     
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  17. Jamie Moore

    Jamie Moore MORTGAGE BROKER - AUSTRALIA WIDE Business Member

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    Terrible start to the tenancy.

    Ask your PM for assistance.

    Personally - I don't have an issue with pets - but I do have an issue with deception. If you've explicitly stated no pets - and they've rocked up with two dogs - well that's a bit of a p*ss take.

    Cheers

    Jamie
     
  18. larrylarry

    larrylarry Well-Known Member

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    That's the thing! The person's integrity is now questionable.
     
  19. Jerry O

    Jerry O Well-Known Member Premium Member

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    No a good start indeed.. Your PM should have given you recommendations on steps you can or can't do.
     
  20. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Hi Thread,
    a few thoughts for you.
    The cedar doors and floors on one place were badly scratched and 'wood eaten ' by a staffy.
    They are also smelly dogs, even if washed regularly, their skin exudes oils, naturally.
    Given that you specified no pets, and accepted them as tenants based on their application, what else are they going to ignore, in terms of your legal, binding contract?
    How much would it cost to repair ,if the dogs were to damage your place?
    Is your property set up for dogs? eg. you wont have RSPCA coming because you have no yard ?
    Is there an outdoor area, kennel, etc.
    I hope this helps,
    cheers