This Probably Never Happened to You, But …
Unit #3 has been vacant for almost 3 weeks. This unit is in a 6-unit building. An applicant showed clear interest, but was concerned that the property was clearly advertised as “NO PETS”. She had owned her dog for nearly 6 years, and just could not part with her.
This has always been an interesting subject to me. When we first started in this business, the Unruh Act was in effect, and it prohibited discrimination based on sex, race, color, religion, ancestry or national origin. In those early days for us, discriminating against families with children was permitted, and “ADULTS ONLY” buildings were somewhat common. Although subsequent court rulings and legislation changed all of that, our company back then made it a policy to not discriminate against families with children.
The logic was more than just altruistic. By accepting families with children, we were taking customers from other owners who did not want them. Because we had more customers ready to rent from us, we know that we filled our vacancies faster, and made more income for our owners.
Now, apply that same logic to pets. From our application records, we have found that roughly 25% of our applicants either have a pet or would want one. Some of our owners allow pets, some do not. Those who do, it would seem, have a significant marketing advantage over those who do not.
As I mentioned earlier, in this example, the building is just 6-units. As such, there is no resident manager. As such, it is only by “luck” if we were to discover that a tenant had a pet. Sure, we could issue a 3-Day Notice to Conform, but all a tenant has to do is move the pet elsewhere for a few days, and then the process starts all over again.
Some owners are, and always will be firm in their conviction about NO PETS. I have no problem with that. However, in these times of higher vacancies, others may consider allowing pets. The trick here is to do “right”.
As to what is “right”, I have 7 suggestions.
- Charge a pet deposit. It does not have to be huge, as it will be coupled with the Security Deposit. Actually, combining it with the Security Deposit gives you more options at move-out.
- Avoid “puppies” if at all possible. Regardless of breed, they just tend to be more destructive.
- There is no “magic” to small dogs. They can be more destructive, and noisier than larger dogs.
- Insist that dogs be “walked” off of you property, and that the dog-owner clean up after his or her dog.
- If it is a cat, it must always be kept indoors.
- NEVER, NEVER, NEVER permit known dangerous breeds, such as pit bulls.
- Have a contract provision that is signed by your tenants to the effect that if they violate the pet rules, the owner will have the unilateral right to void any lease with 30 days notice. This will alert the tenant to the fact that you are very serious about your pet rules, whatever they may be.
In these days of high vacancy rates, anything you can do to say “yes” to the needs of your tenants (and tenant-applicants) should be good for your business. It has worked well for us.
Dear Readers: This article is the 152nd in a series based on the lessons we have learned the hard way. The contents of these articles are merely opinions of the writer. They are not intended as specific legal advice and should not be relied upon for that purpose. Our practice is in constant refinement as we adjust the way we operate to an ever- changing rental market. I always appreciate your questions, comments, suggestions, and solutions. Contact C. Finley Beven, CPM, CCAM, JD.
Beven & Brock Property Management Co., Inc.
99 S. Lake Avenue, Pasadena. (626) 243-4145