Verbal statement versus signed lease terms regarding a pet

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lcc123

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My jurisdiction is: Georgia

Location: State of Georgia

I have a multitenant rental house that has a fenced in backyard. A month ago a tenant moved in and had indicated that they might have to take care of a family member's dog for a few weeks toward the end of the summer. I verbally told them that would be "ok", but that they would have to pay an additional pet deposit and under no circumstances was the dog to be allowed inside the house. I told them that we could work that out when/if they actually got the animal. The lease they signed specifically states that no pets are allowed on the property without prior written approval from the landlord, and if found on the property the tenant will be liable for carpet cleaning, de-fleaing, or other damage resulting from the pet. Also, if a pet was found on the property without a signed pet agreement they would be treated as strays and the local animal control would be called. A couple of weeks ago the tenant said that they were pretty sure that they would be getting that dog towards the end of July and that a family member had recently passed away and they would be getting another dog permanently once the estate was settled. After a month of residence, I have noticed that this tenant has poor personal hygiene with regard to cleaning up their room and the common areas of the house and has already caused an ant infestation by not properly storing/disposing of their food. Also, this tenant is gone for 3-4 days in a row due their profession, so the dog would be left alone forcing one of the other tenants or someone else to have to come over and feed it. Note: neither of the other two tenants have pets or plan to acquire them.

Normally I am quite fond of pets, but it is my belief that if this tenant brings dog(s)--even if they are outdoors--that it could cause one the other tenants to complain and move out and the cleanliness issues will only get worse. Can I tell the tenant that despite what I previously said, I have changed my mind and I will not be able to allow pets on the property? Would she have any legal recourse?

I have no problem breaking the lease and allowing the tenant to move out--and actually believe this would be the best scenario--with that being the case, if they would have some type of legal recourse, could I say that if I allow pets the deposit will be something like $3000 per animal in an attempt try to get them to leave?
 
While Georgia landlord tenant laws do not specifically address pets or pet fees (district code requirements may, however, they are likely to address numbers of pet or specific dogs such as pitbulls that are considered dangerous) requiring a $3000 pet deposit is pretty unreasonable.

It would make better sense to tell the tenant that because you have noticed they are gone 3 to 4 days in a row and that expecting the other tenants to care for their dog during the times they are absent would place an unreasonable burden on them, you are reversing your verbal approval to allow them to have a dog.

If they don't like this decision you would, of course, be glad to terminate their lease without financial penalty to them so they can find a rental unit that accepts dogs.

Gail
 
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