Keeping Sharks Out and Tenants Happy in the Case of Fish Tanks and Tenants

Fish tanks and exotic pets may be cool or attractive, but they must be inspected for any property damage or concerns.

What you will discover:

When should huge fish tanks and exotic animals be prohibited in rental agreements?
What should you do if you learn that a renter has a wild animal on your property?
How do you deal with a renter who builds a huge aquarium?
What can property managers do if their tenants have unusual pets?
Can landlords remove a tenant’s pet?

People start to have ideas when Discovery Channel’s Shark Week rolls around. Even if a shark is not a feasible pet choice, residents may imagine a huge fish tank or an unusual land animal as a buddy. Fish tanks and exotic pets may be neat or charming for a renter, but they must be inspected by landlords and other tenants for any property damage or hazards.

When should huge fish tanks and exotic animals be prohibited in rental agreements?

While many renters believe that fish do not qualify as pets since they are kept in an enclosure, a leaking fish tank may cause significant damage. Other exotic creatures, such as snakes, pose the danger of escaping, causing damage, or slithering into adjoining flats, frightening other residents.

You may want to incorporate pet limitations in your lease before the renter moves in or at lease renewal if you want to prevent certain sorts of animals. If you decide to accept them, you may wish to raise the security deposit or charge pet rent.

What should you do if you learn that a renter has a wild animal on your property?

You have a few alternatives if you find a renter is maintaining a wild animal.

If the animal is illegally kept, you may always insist that the renter remove it immediately or notify the proper wildlife law enforcement agency.
If the animal is lawful to own and not in violation of the lease, you may negotiate with the renter to move the animal and agree to future limitations.
If the animal violates your lease, you may use the remedies specified by your lease.

If you allow the animal to stay when it is not permitted under the lease, suggest a Lease Amendment to your renter to prevent losing your right to enforce pet laws in the future. If you have a suspicion that a renter has a wild animal but are unsure, you may need to issue a Landlord Notice to Enter before going to investigate.

How do you deal with a renter who builds a huge aquarium?

A huge aquarium is both a pet and a piece of furniture. First and foremost, the fish or other aquatic species must be permitted under your lease. The tank itself may then be subject to lease limitations, such as a ban on wall changes or similar rules prohibiting waterbeds. The renter may also be liable if the tank damages the flooring or walls.

Your contract will dictate whether the renter requires authorization to build the aquarium. If you allow the aquarium to stay, you should check it to verify that the surrounding space is not damaged and notify the renter that they will be held liable. You may also want to include a clause requiring the renter to notify any leaks that do occur, since water damage may create hidden difficulties.

What can property managers do if their tenants have unusual pets?

As long as the contract allows them, the landlord and property management typically have a lot of leeway in how to handle atypical pets. You are not required to accept atypical pets just because you allow cats and dogs. However, if you do not include a provision in the lease that you may cite as explanation, you cannot order a renter to remove a pet just because it scares or disgusts you. Before permitting renters to bring pets into their properties, you may wish to require all pet owners to submit a Pet Application Form for Rental.

What you pick is a business choice as well. Consider the danger of damage, the possibility to improve rental revenue by enhancing tenant happiness, and if the pet might have an impact on other renters or raise your liabilities.

Can landlords remove a tenant’s pet?

Evictions are technically for humans, but there are times when you may order a renter to remove a pet. Keep in mind that service animals are not considered pets, and there are particular laws for guide and service animals. The following are some instances of when you may remove a pet:

It is not permitted under the lease.
It causes annoyances such as excessive barking.
It either causes harm, like as mold, or destroys buildings.
It gets out of the rented apartment and into the unit of another renter.

In most cases, you may provide the renter formal notice of the lease breach and insist that they correct the situation. If they refuse to remove the pet or do what is required to remedy the situation, you may be forced to apply for eviction for failing to remedy the lease breach. Attempting to forcibly remove a pet on your own might result in legal consequences.