Discovering that a tenant has sneaked an unauthorized pet into your rental property is an incredibly common headache for landlords. Sometimes it starts as a “weekend visit” from a friend’s dog that never leaves, and other times tenants try to circumvent pet deposits by claiming the animal is an Emotional Support Animal (ESA). Regardless of how the animal got there, managing the situation requires a firm understanding of your lease agreement and your legal options.
Identifying the Unauthorized Animal
More often than not, you will find out about an unauthorized pet through the neighborhood grapevine. Landlords who previously lived in their rental homes often maintain relationships with former neighbors. A quick text or phone call saying, “Hey, I thought you didn’t allow dogs?” is usually how the secret is exposed.
When confronted, some tenants will quickly claim the pet is an Emotional Support Animal to avoid fees. While legitimate ESAs are protected under the federal Fair Housing Act, tenants cannot simply sneak a pet in and declare it a service animal after the fact to avoid consequences. If it is truly an unauthorized pet, your lease agreement dictates the next steps.
Enforcing the Lease and Assessing Fines
In Texas, the standard Texas Association of Realtors (TAR) Residential Lease addresses unauthorized animals directly in Paragraph 9. This provision grants landlords specific remedies when a tenant violates the pet policy.
Years ago, a standard penalty might have been a $100 initial fee and $10 per day. Today, to provide a true deterrent, many property managers write in a $500 initial violation charge, plus a daily fee of $10 to $50 for every day the animal remains on the property.
Under general contract law and Texas Property Code Chapter 24, a tenant who violates the pet clause is in default of the lease. This gives you the legal right to enforce the financial penalties, demand the removal of the pet, or initiate an eviction proceeding if the tenant refuses to comply. In extreme cases—such as a tenant deciding to house an exotic or dangerous animal—the lease often permits the landlord to hire an animal control professional to remove the creature and turn it over to local authorities.
Weighing Your Options: Eviction vs. Ratification
When caught red-handed, nine times out of ten, a tenant will fall on their sword, apologize, and offer to pay the standard pet deposit. At this juncture, a landlord must weigh the opportunity costs and make a business decision.
- If they are a good tenant: It is often more practical to “ratify” the pet. You can collect the standard pet deposit, add a formal pet addendum to the lease, and forgo the punitive daily fines. Keeping a reliable, rent-paying tenant is usually more profitable than enduring the cost of a vacancy and turnover.
- If they are a problematic tenant: If the tenant has a history of late payments, property damage, or being difficult to manage, an unauthorized pet violation is a solid legal reason to enforce the strict fines or begin the eviction process.
Ultimately, you have to take every unauthorized pet situation on a case-by-case basis, ensuring you protect your investment while utilizing the enforcement tools built into your lease.