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I own a condo. The girl renting my place has a dog. Two days ago the dog bit someone, and I issued her to notice to remove the dog in 3 days or face evication. The next day she told me she's removing the dog but also moving out but don't know when and expect a pro-rated last month rent instead of whole month. She has a one year lease with 60-day notice requirement.
My question: in this situation, does she get to terminate the lease in this way?
You need to check the rental laws in your particular state, but since the dog belongs to HER and is HER responsibility, I don't see why you would have handle it differently than any other person who moves out early. You really don't owe her any extra perks.
Glory is right. In our Pet Addendum, it states that if there are any complaints the tenant may be required to remove the animal; it doesn't say anything about releasing them from the lease if that happens. Being able to have an animal in a rental is a privilege; pets are not a protected class! Send her a certified letter ( or better yet, also hand deliver it so you know she gets it) your standard letter when someone breaks a lease.
I own a condo. The girl renting my place has a dog. Two days ago the dog bit someone, and I issued her to notice to remove the dog in 3 days or face evication. The next day she told me she's removing the dog but also moving out but don't know when and expect a pro-rated last month rent instead of whole month. She has a one year lease with 60-day notice requirement.
My question: in this situation, does she get to terminate the lease in this way?
Was the dog allowed in the lease? If so it might not be so simple to demand that her dog be removed? Did you put in the lease that you could demand and that she must comply with this demand.
well I can't relly evict her because she already removed the dog....
but i just gave her the option to move out by the end of the month and receive her last month rent back.
also isn't a dog with biting history considered dangerous and should be restrained?...
well I can't relly evict her because she already removed the dog....
but i just gave her the option to move out by the end of the month and receive her last month rent back.
also isn't a dog with biting history considered dangerous and should be restrained?...
In a lot of places, the dogs are allowed "one bite" before they are labled.
The lease agreement allowed her to have a dog. According to you, there is a provision in your lease which says that if the dog is a problem then it has to be removed. IF that's really the case then she has to abide by the terms of her lease agreement with you and she can't arbitrarily determine a quit date and anything pro-rated. She's removed the dog, you now have no reason to proceed with her where eviction is concerned but she's still bound by the terms of her lease agreement with you which requires a 60 day notice based on a one year lease.
Who did the dog bite? Was the dog running loose outside the condo when it bit someone or was it on a leash? Was Animal Control called, were the police called? Lots of ifs ands and buts here but hope I've been of some help.
I would check your laws landlord tenant laws in your state, but as has been mentioned in a previous post that your request is to remove the animal; then she does not get to terminate the lease without consequence. You should have grounds to proceed with the eviction or report the lease as a broken lease if the tenant decides to terminate this lease and move out. Your request is to remove the animal and not the tenant.
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