Security Deposit Can I charge the Tenant for having 3 pets in the house when the lease forbids it ?

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learningstill

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Cat issue
My tenant has 2 cats that she "pet sits" she said and that are only intermittently in the house she says… (ha ha ha)
And 1 cat since January 18, 2011 when her sub-tenant moved in the basement.

The lease does not allow pets !

This is what my lease says…

35. PETS: Pets, including mammals, reptiles, birds, fish, rodents or insects, shall not be allowed without prior written consent of the Landlord. If the Tenant is in violation of the pet restriction Landlord may collect a fee of $__50 per pet__ for each day the Tenant violates the pet restriction. If Tenant violates the pet restriction Tenant will be subject to charges for damages and eviction. Landlord may remove any unauthorized pets by providing 24 hour prior written notice of intent to remove pet. Unauthorized pets must be delivered to appropriate local authorities or local authorities may be asked to remove unauthorized pets. The Landlord will not be liable for any sickness, injury or death to any unauthorized pet due to Landlord's negligence. Tenant shall be responsible for all costs incurred by the Landlord in the removal of the unauthorized pet and for any damages to the property.

I will have the burden of proof and the burden of getting the courts to reinforce this clause… Do you think I can charge the Tenant for the pet violation? I would think I should be able to charge her at least an increase rent of $50 per month for the 24 months of the lease. That is only $17 to $25 per pet per month but that is $1,200 Charge for the tenant…
 
It really is too late. Had you enforced this immediately upon discovering the cats then the tenant would have had opportunity to correct the problem at minimal cost. You can't discover the situation and wait til months later to complain so that you can demand more money. By not acting on the cat issue right away you essentially consented to the cats being there. There tenant can still be held responsible for any pet damage you can prove. The daily fine at this point is hopeless.
 
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