Phoenix, AZ, boasts a vibrant rental market that attracts diverse tenants. Notably, a significant portion of these renters are pet owners. As of 2024, 77.6% of households in the U.S. have pet dogs and cats; in 2023, 59% of renters reported having at least one pet, with 40% owning at least one dog—a notable increase from 2019. This trend underscores the importance of landlords establishing clear pet policies in their lease agreements to accommodate the growing number of pet-owning tenants.
However, not all tenants follow the rules. Some bring unauthorized pets into the rental without informing their landlord, leading to potential issues and legal disputes. If left unaddressed, these situations can create conflicts with other tenants and affect the property's condition and value.
So, what can landlords and property managers do when they discover an unauthorized pet in a rental unit? How can they enforce pet policies effectively while complying with fair housing and local regulations?
This guide will explain the best practices for handling unauthorized pets, from identifying violations to legally and professionally enforcing lease terms.
Why Tenants Sneak in Unauthorized Pets in Rental?
An unauthorized pet is any animal a tenant brings into a rental unit without prior approval from the landlord or property management company. Most leases include a pet policy outlining whether pets are allowed, breed restrictions, and pet-related fees, such as pet deposits or monthly pet rent.
Some tenants may try to bypass pet policies for various reasons, such as:
- They want to avoid pet deposits or monthly pet fees.
- They adopted a pet after moving in but failed to update their lease.
- Believing their pet is small or quiet enough to go unnoticed.
- Assuming their emotional support animal is automatically allowed without proper documentation.
Regardless of the reason, unauthorized pets in rental units can create issues for landlords, including lease violations, property damage, and conflicts with neighboring tenants. Addressing these violations quickly and effectively is essential to maintaining order in a rental property.
How to Identify Unauthorized Pets
Routine inspections and tenant reports can help landlords identify unauthorized pets in rental units. If you suspect a tenant has an unapproved pet, here are some signs to look for:
- Noise complaints from neighbors about barking or scratching.
- Pet hair, food bowls, or litter boxes spotted during routine maintenance visits.
- Scratch marks or pet damage on floors, walls, or doors.
- Security camera footage capturing tenants with pets entering or leaving the unit.
Once an unauthorized pet violation is confirmed, the next step is addressing the issue properly.
Steps in Enforcing Lease Agreements
If a tenant violates the lease by having an unauthorized pet, you must follow a structured process to ensure compliance while staying within legal boundaries.
1. Issue a Lease Violation Notice
Send a formal lease violation notice outlining the unauthorized pet lease violation. Clearly state the lease terms regarding pets and any penalties involved. Provide the tenant with a deadline to resolve the issue, whether by removing the pet or obtaining approval.
2. Determine if the Pet Qualifies as a Support Animal
Before further action, landlords must check if the tenant’s pet is an emotional support animal (ESA) or a service animal under the Fair Housing Act.
- Service Animals: Trained to perform tasks for individuals with disabilities and are not considered pets. Landlords cannot charge pet fees for service animals.
- Emotional Support Animals (ESAs): Provide emotional support but do not require specific training. Landlords must provide reasonable accommodation for ESAs, but tenants must present proper documentation.
If the tenant’s pet qualifies as an ESA or service animal, landlords cannot charge pet deposits or monthly pet fees but can request proper documentation.
3. Offer a Resolution to the Tenant
If the pet is not an ESA or service animal, landlords can offer the following solutions:
- Allow the tenant to officially add the pet by paying a pet deposit or signing a pet addendum.
- Request the tenant to remove the pet by a specific deadline to avoid further action.
- Enforce any penalties outlined in the lease agreement, such as non-refundable pet fees or increased rent for violating the pet policy.
Legal Considerations and Compliance for Unauthorized Pets in Rentals
Landlords have the right to enforce pet policies but must also comply with fair housing laws and disability regulations. Here are key legal points to keep in mind:
- Landlords cannot discriminate against tenants with disabilities who require service animals or emotional support animals.
- A no-pets policy does not apply to service animals since they are considered a medical necessity.
- Landlords can request documentation for emotional support animals but cannot ask for details about the tenant’s disability.
- Damage caused by support animals can still be deducted from the security deposit.
Understanding local regulations and federal housing laws ensures landlords correctly handle unauthorized pets while respecting tenant rights.
Preventing Future Unauthorized Pet Violations
Handling unauthorized pets in rental units can be time-consuming, so it’s best to take preventive measures to avoid future violations.
The lease agreement should include a clear pet policy with specific pet rules, fees, and violation penalties. It would also be helpful if you required a pet screening process to ensure tenants comply with breed and size restrictions.
Ensure regular inspections are conducted to check for potential lease violations and educate tenants on the importance of disclosing pets upfront to prevent issues. Use lease addendums for pet agreements that outline pet deposits, non-refundable pet fees, and monthly pet rent.
By being proactive, landlords can reduce pet-related conflicts and protect their rental property from unauthorized pet damage.
What Happens if a Tenant Refuses to Remove an Unauthorized Pet?
If a tenant refuses to remove unauthorized pets from the rental or comply with the lease, landlords may need to start the eviction process.
- Issue a final notice stating that the tenant has violated the lease.
- If the tenant does not comply, serve an official eviction notice.
- Follow Arizona’s eviction laws to legally remove the tenant if necessary.
Evictions can be costly and time-consuming, so working with a professional property management company can help ensure all legal procedures are followed correctly.
Work with a Trusted Property Management Company for Hassle-Free Property Management
Handling unauthorized pets in rental units can be frustrating, time-consuming, and legally complex. As a landlord, enforcing pet policies, ensuring compliance with fair housing laws, and addressing tenant violations require constant attention. Instead of navigating these challenges alone, working with property management experts can help prevent unauthorized pets while protecting your investment.
At Real Property Management Phoenix Valley, we take the stress out of managing rental properties in Phoenix, AZ. Our team ensures your rental property is properly managed, helping you:
- Enforce pet policies and address lease violations effectively.
- Protect your property from pet-related damage.
- Stay compliant with fair housing laws regarding service and assistance animals.
- Conduct routine inspections to prevent unauthorized pet violations.
- Avoid costly evictions by handling tenant issues professionally.
Let our experienced property managers handle the complexities of rental management so you can focus on maximizing your investment. Download our RPM Phoenix Valley Tenant Screening Guide eBook today to learn how to maintain a pet-friendly yet legally compliant rental property—without the stress!
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