Tenants with undisclosed pets

Need advice.

My tenants (3 young men in their 20s) are dodging signing the pet clause/bond. I found out through the next door neighbour and after a few months of them moving in and following their first inspection that they have 2 cats. (Obviously they hid them at the first inspection)

My PM followed up and they admitted they had pets and promised to sign the pet clause and provide a pet bond but they keep stalling and promising to show up to sign and then don't turn up. Now they avoid answering all calls and emails.

The last inspection showed the place was well kept with cat litre boxes around but they were also burning fragrance/incense and air fresherner so I'm not sure if that was to cover up bad smells and my concern is this time they left the cats instead of hiding them but there is now a third cat!

What should I do as a landlord? Has the legislation about allowing tenants to have pets in Victoria now been enforced?

Thank you!

 

Move to breach and terminate the tenancy? What do you want to do exactly?

 

I'm not sure what to do. Seeking some wise answers.

 

Depends how much you care about the fact they have cats. Don't care? Or care enough to get more bond? Or care enough to terminate?

If I cared, then I'd probably start the termination process as a stick to get them to sign the new lease terms with the pet bond. Depending on how that goes, then move to actually terminate if you want.

Why isn't your PM advising you about all this?

 

Thanks @thatbum, for some reason my PM said there's not much else they can do, that's why I'm here asking!

 

I wouldn’t really care much. As long as there is the bond already who cares if they have a cat or 3. As long as the place is looked after.

 

If push came to shove, and you sought termination and the tenants opposed it at tribunal, there is a real question of whether the breach of tenancy agreement actually justifies termination.

I think you would have a hard time actually obtaining termination if the only breach is having the pets and they aren't really doing anything else.

 

Thanks for your thoughts @Noobieboy and @thatbum. Appreciate your input.

 

Cats generally don't cause much damage unless they start clawing at the carpet. So really, I wouldn't be too worried about it.

Disclaimer: I allow pets in all my properties and am a big animal lover.

 

How are your tenants?

Are they no grief and pay rent on time? Might be worth keeping the cats.

Do they cause issues, are always late etc - Good reason to breach them and try again

 

Don't stress over it. If they have litter boxes, then they're clean. Life is too short to worry about this sort of thing. The cats are fine. The tenants are fine. You're fine.

 

i had some tenants that said they have a few dogs, but didn't mention the 3 indoor cats and the snake. i found out in a similar way to you.. in the end i made them sign a pet clause and let them stay. they have been there for 4 years now, great tenants and no lasting damage from the pets. they are the type of people that will be there for 20 years if i let them, which is the best type of tenant if you ask me. so no regrets here.

technically they are in breach of the lease right now. but this really comes down to if you are comfortable with the cats being there.

if you don't mind the cats you there should be no negotiation on the pet clause (they should sign it or leave), and consider a small increase in rent to cover extra wear and tear

if not you have to give them the ultimatum of a termination or no cats..

good luck

 

If your tenants are already lying and then subsequently refusing to fulfil their basic (and legal) responsibilities of completing a pet bond then you and your agent taking no action will just encourage the tenants to disrespect you and the law even further. Give a scumbag an inch and they will try and take everything from you. So I say two things: (1) enforce your rights, and (2) find another agent.
Now that doesn't mean you (your agent that is) have to act like a jerk in dealing with the tenants. Just be firm but polite. It is a slippery downhill run if you start getting into the habit of being a weak pushover.
After much experience I no longer permit any pets in any of my properties. Pet bonds are inadequate, the legal system is weak and biased towards protecting criminals and when things go awry it is the property owner who loses money. For me the risk is not worth it.

 

Thank you, everyone, for your advice and suggestions.

 

Oh, by the way.... For the past 15 years, I've never had any problem leasing my "No pets" properties that extend over both northern and southern suburbs of Perth.

 

pet clause and increase rent $10/cat so that you wont have 10 cats

 

Victorian laws are different to NSW but from what I know the basic premise is the same: 1) they should have asked for permission, but unfortunately 2) you cannot serve a breach notice for breaking the no pets clause UNLESS there is damage to your property, by-laws prohibit pets to be kept, pet is causing nuisance to neighbours, you have reason to believe it is not suitable for the pets (large dogs or 3 cats in a tiny apartment) etc etc which doesn't seem to be the case here.

As others suggested, whilst I can totally understand why it is annoying, given that they seem to be good tenants and their cats house trained, I'd say keep monitoring close for now and as a compromise, as well as the pet bond, maybe also ask if you can have more regular inspections (I think it is a maximum of once every 6 months in Victoria but see if you can have them every 3 months - which your PM will hate me for suggesting).

 

I am an animal lover. I have cats and dogs. But when it comes to rental properties, I would say NO. Why? They cause lots of problems i.e. wear and tear in your property, bad smell, nuisance, cat-scratch diseases (check if the cats are currently on all their shots for peace of mind) etc. which would trigger a lawsuit if your neighbours got bitten.

Nonetheless, it depends largely on your tenants. If they're nice, clean and tidy tenants, their pets will be clean too! In my experience, stable people tend to have indoor cats, which are always taken good care of. Problems aren't with pets but with their owners. However, if you leave them unchecked, there will be consequences that would later eat into a great proportion of your cash flows and thus would screw up your passive income.

Good luck!

 

Thank you @ChrisDim and @Dark Phoenix for your comments. Ideally I prefer to have tenants with no pets too so this was unexpected. I have not objected as it would mean finding new tenants but I want them to at least have the pet bond in place.

 

You should definitely get a pet bond (unfortunately pet bonds are illegal in NSW!)