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I own a rental house. The lease clearly states NO PETS. Tenant moved pets in without my approval.?

If I decide to terminate the lease because of the infraction, and the tenant willfully or unwillfully vacates the property ( I proceed with EVICTION), #1 has he formally "broken" the 1 yr lease agreement when he departs before the lease is fulfilled? #2) Am I legally entitiled to keep the security deposit which equals 1 months rent?

Public Comments

1. as long as you can prove he moved in a pet; thus, pictures or 'a maintenance call' to prove he has one. if he has violated the lease, he must pay you the remaining balance. HE has violated a contract. breached a contract if you like.
2. Don't terminate the lease. Document the activity which breaks the contract. Then sue them for breach.
3. If you terminate, you can not hold the tenant liable for the remainder of the lease. You can take any damages out of the security deposit. But you can not keep any more than that. This assumes they have already paid for the month in advance. You would owe them a refund of the unused rent. I would issue them a 3 day notice to get rid of the pet or be evicted. It may not have been a bad faith thing.
4. Depends where you live. In Ontario, it doesn't matter what you put on a lease, a tenant can have a pet. Unless the pet is causing damage, constantly barking, aggressive, you'll have to live with it. And the burden of proof is on you.
5. Look up your state's laws: USUALLY: 1 - You have to give him a formal warning of breach of lease and a certain number of days to get rid of the pet. 2 - if they haven't removed the pet, you have to start eviction proceedings. Make sure you know the difference between a "security" deposit (unpaid rent) and "damage deposit" for damages. If you try to withold deposits unlawfully you can end up paying the tenant 3 times the monthly rent in penalties (I've done that to a landlord and it was GREAT!). They *may* be liable for rent until you rent the place again, but you have to be actively looking for a tenant.
6. You have to give the tenant the opportunity to fix the breach of contract before you can go any further. Then you go step-by-step in the formal eviction process. He is still liable for rent during this whole time. You will be suing for possession of the house and any outstanding damages.