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How to evict a tenant keeping dog after being told to remove it?

Discuss anything to do with property law - buying, selling property

How to evict a tenant keeping dog after being told to remove it?

Postby hurst » Wed Apr 04, 2012 10:22 pm

My lease says no dogs. My new tenants since Feb got a dog without permission and asked me about it after the fact (boyfriend and girlfriend). I said no to the boyfriend, and he told me he would let her know. She called me pleading about it. I asked my property manager to follow up with them. He was told they would sell it or take to a shelter soon. I did not make waves (this was early march). When my manager picked up the check this weekend the dog was still there. They are threatening to leave if I don't let them keep it. There excuse was that they did not know I said no bcs they were talking to two separate landlords. They also sited my CL ad saying that I said "pets negotiable" (though we never discussed that they would have a dog on the lease and it was never agreed to). They have a month to month so I can easily evict, but I am wondering about the dog in the meantime. If I give 30 days notice, that would mean they technically can stay until May 31 - do I have any rights in the meantime about getting rid of the dog? I don't want the dog in the house at all. Thanks for your time.
hurst
 
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How to evict a tenant keeping dog after being told to remove it?

Postby varik » Wed Apr 04, 2012 10:24 pm

Give them 30 days in writing, that gives them 30 days. If they still aren't out take them to court for the damages. Having a pet causes damages to the property, you could still probably take them to court to cover the damages no matter which way you go about getting them out.
varik
 
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How to evict a tenant keeping dog after being told to remove it?

Postby wethrby » Wed Apr 04, 2012 10:32 pm

since they are on month to month, just give them notice. That's most likely the quickest way to get them out anyway.
wethrby
 
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How to evict a tenant keeping dog after being told to remove it?

Postby chatima » Wed Apr 04, 2012 10:35 pm

since they are on month to month, just give them notice. That's most likely the quickest way to get them out anyway.
If you evict them you will win. The lease trumps their claim that that pets were negotiable. Negotiable simply means it would be considered. It does not mean you would have allowed it, so they are hooped on that issue.

However, if you evict it is likely going to cost you several hundred dollars and it could take just as much time. Save yourself the stress, give them their termination notice at the appropriate time, warn them that if there is any damage such as dog urine in the carpets, residual dog odours etc. that you will be taking it out of their deposit to remediate the problem and that if the deposit doesn't cover your expenses you will not hesitate to sue them small claims court.

At check out time, take pictures, have an impartial witness present etc.
chatima
 
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How to evict a tenant keeping dog after being told to remove it?

Postby banys » Wed Apr 04, 2012 10:40 pm

You give a 5 or 7 day "cure" notice, depending on your state, and then start the eviction on day 6 or 8.

Sue them for a complete remodel too, an animal is a very serious violation of your rights and you can pretty much redo everything.
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How to evict a tenant keeping dog after being told to remove it?

Postby leland » Wed Apr 04, 2012 10:41 pm

Why did you say "pets negotiable" in your CL ad if you didnt mean that? They may be young and assumed they could just tell you about the dog after they got one. Maybe you can let them keep the dog for 30 days until they move out esp if it came from a shelter. Do a good deed.
leland
 
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How to evict a tenant keeping dog after being told to remove it?

Postby demarco » Wed Apr 04, 2012 10:43 pm

Why did you say "pets negotiable" in your CL ad if you didnt mean that? They may be young and assumed they could just tell you about the dog after they got one. Maybe you can let them keep the dog for 30 days until they move out esp if it came from a shelter. Do a good deed.
demarco
 
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