When a Tenant Breaks a No-Pet Policy: Landlord Rights, Remedies & Fair Housing Limits

Answer

Intro: A tenant who keeps a pet in violation of the lease creates both legal and practical issues for a landlord. The response depends on your lease language, local landlord-tenant law, and whether the animal is a household pet or a protected assistance animal. Act promptly, document carefully, and follow lawful procedures.

Main part: First, review the lease and any pet addendum: note whether pets are prohibited, whether there’s a pet deposit/fee, and what remedies the lease lists for violations. Gather evidence (dated photos, neighbor complaints, vet or licensing records if available, and any smell, stains or bite reports). Document entry condition and communications with the tenant.

Next steps landlords commonly take:

• Send a written notice describing the violation and referencing the lease clause — state whether you demand removal of the animal, cure within a set period, or payment of required fees. Use the notice periods set by state law or the lease.
• If the tenant cures (removes the animal or provides required proof/insurance), document the cure in writing and inspect the unit as allowed by law.
• If the tenant refuses or repeats the violation, follow your lease remedies: impose fines (if authorized), charge for cleaning/repairs, or begin eviction/unlawful detainer proceedings — but only after complying with statutory notice and court procedures. Never use self-help (lockouts, utility shutoff, or disposing of property).
• For property damage or cleaning, keep receipts and itemized estimates. Reasonable remediation costs can range widely; charge only documented, actual costs and follow rules about applying the security deposit.

Fair housing and service/assistance animals: Federal and many state fair-housing rules require reasonable accommodation for tenants with disabilities who need a service or emotional support animal. You may not demand a pet deposit or refuse accommodation on the same basis as a pet policy, though you can charge for damage. If a tenant claims an assistance animal, handle requests consistently and, when disability is not obvious, you may request reliable documentation — consult counsel when in doubt.

Final note: Laws and allowable remedies vary by state and local ordinance. It’s advisable to consult a licensed local attorney or experienced property manager before imposing penalties, refusing accommodation requests, or starting eviction. Clear lease terms, consistent enforcement and careful documentation protect owners and tenants alike.