How Landlords Should Handle Unauthorized Pets in Rental Properties

Unauthorized pets are a common issue in rental housing and can create challenges for landlords and property managers. An unauthorized pet refers to any animal kept in a rental unit in violation of the lease agreement whether pets are completely prohibited or allowed only under specific conditions. Properly addressing unauthorized pets requires a careful balance between enforcing lease terms and complying with local, state, and federal laws.

For landlords, consistency and documentation are key. Mishandling a pet violation can lead to tenant disputes, legal exposure, or fair housing complaints. Understanding the correct process helps protect the property, the lease agreement, and the landlord’s legal position.

Clear Pet Policies Start With the Lease

The foundation for enforcing pet-related rules begins with a clear, well-written lease agreement. The lease should explicitly state:

• Whether pets are allowed or prohibited
• Any limitations on pet type, size, weight, or breed
• Required pet deposits, fees, or monthly pet rent
• Consequences for keeping an unauthorized pet

If pets are prohibited entirely, the lease should clearly state that no pets are allowed on the premises without prior written approval. Ambiguous language makes enforcement more difficult and may weaken a landlord’s position if the issue escalates.

Pet Screening and Policy Awareness

At Ashoka Lion, all residents are required to complete Pet Screening, regardless of whether they currently own a pet. This ensures that:

• Residents understand pet policies before move-in
• Tenants without pets acknowledge restrictions
• Any future pet requests are documented and evaluated properly

Pet Screening helps create transparency and consistency while reducing misunderstandings. It also provides a paper trail demonstrating that tenants were informed of pet rules from the start.

Service Animals and Emotional Support Animals

It is critical for landlords to understand that service animals and emotional support animals (ESAs) are not considered pets under federal law. Even if a lease prohibits pets, landlords must make reasonable accommodations for qualifying assistance animals under the Fair Housing Act (FHA).

Landlords may:

• Request proper documentation supporting the need for the animal
• Verify that the animal is not a direct threat to health or safety

Landlords may not:

• Charge pet fees or pet rent for service animals or ESAs
• Deny housing solely because of the animal

In Texas, landlords must also comply with tenant protections outlined in the Texas Property Code. Failing to follow these laws can result in serious legal consequences, including discrimination claims.

Step-by-Step Process for Handling Unauthorized Pets

1. Confirm the Lease Violation

Before taking action, confirm that the tenant’s animal violates the lease terms. Review the lease carefully to ensure enforcement is justified and consistent with how similar situations have been handled in the past.

2. Document the Violation

Documentation is essential. Gather and retain:

• Photographs or video evidence of the unauthorized pet
• Written complaints or witness statements from neighbors
• Maintenance reports referencing the animal
• A log of dates, times, and reports

Clear documentation protects landlords if the tenant disputes the claim.

3. Send a Formal Written Notice

Once the violation is confirmed, send the tenant a formal written notice. The notice should:

• Reference the specific lease clause being violated
• State that an unauthorized pet has been identified
• Outline the corrective action required
• Provide a deadline for compliance

Notices should always be professional, factual, and documented.

4. Allow Time to Cure the Violation

If the tenant acknowledges the issue and agrees to comply, provide a reasonable period (typically 7–10 days) to remove the pet or bring it into compliance if allowed under the lease. Follow up to confirm the pet has been removed.

5. Enforce Lease Penalties if Applicable

If the lease includes fines or fees for unauthorized pets, landlords may enforce these provisions by:

• Charging the specified fee
• Adding charges to the tenant’s account ledger
• Deducting from the security deposit, if permitted

Provide written notice of all charges and maintain accurate records.

When Eviction Becomes Necessary

Eviction should always be a last resort. However, if:

• The lease clearly prohibits pets
• The tenant refuses to remove the animal
• The tenant ignores written notices and deadlines

The landlord may proceed with eviction in accordance with Texas law.

Before filing, landlords should:

• Send a second notice warning of possible eviction
• Confirm compliance with all notice requirements
• Ensure enforcement is consistent with prior cases

Eviction actions are typically filed in the local Justice of the Peace Court.

Best Practices for Landlords

To reduce unauthorized pet issues:

• Use clear, consistent lease language
• Require Pet Screening for all residents
• Document all violations thoroughly
• Apply rules consistently across tenants
• Consult legal counsel when uncertain

Unauthorized pets can be managed effectively when landlords rely on clear leases, consistent enforcement, and proper documentation. By understanding legal obligations especially regarding service and support animals and following a structured process, landlords can protect their properties while minimizing legal risk.

Clear communication and proactive policies remain the most effective tools for preventing and resolving unauthorized pet issues.