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Old 04-03-2013, 10:38 PM
 
11 posts, read 35,668 times
Reputation: 11

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If a tenant signed a 1 year lease in a rent control unit stating no dogs, and years later gets a big dog without permission, can the landlord evict him? Does an explanation have to be provided since it's rent control? Does a warning have to first be given to give them an opportunity to get rid of the dog? The lease listed 2 tenants, the first one moved out with the 2nd one with the dog moving in 3 months ago. Would this require a 30 or 60 day notice and does it have to start as of the first of the following month? For the record I have never increased the rent and do not plan to on the next tenant either even though I'm allowed to a few % each year, even stating it would in the lease but I haven't enforced it, knowing how much I used to hate that when I was a tenant. I simply don't want an untied large dog urinating all over the place without permission. Also do I mail the notice separately to both tenants? I don't know the mailing address of the person who recently moved in as mail does not get delivered there.
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Old 04-03-2013, 11:50 PM
 
Location: Los Angeles
4,117 posts, read 6,127,025 times
Reputation: 5350
First, you need to give a three day "notice to perform covenant or quit".
This is given to the person(s) who is, are listed on the lease.
The form has an area for you to explain what covenant the tenants need to perform.
In this case, it is getting rid of the dog.
After three days if they have not resolved the situation per the covenant notice, you can , and should serve them a thirty day notice to vacate.
Bob.
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Old 04-04-2013, 12:04 AM
 
2,091 posts, read 5,457,461 times
Reputation: 2096
You should really read your landlord tenant laws.
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Old 04-04-2013, 01:30 AM
 
11 posts, read 35,668 times
Reputation: 11
Thank you
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Old 04-04-2013, 06:42 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 51,009,983 times
Reputation: 26264
Your tenant is in violation of the lease. You immediately send a return receipt certified letter to the tenant simply reminding them of the no-pet clause in the lease and advising them that they have until xxxx to remove the dog. (xxxx can be as little as 3 days but, unless the tenant has been a major problem in other areas, it's fair to give reasonable notice). Even if the lease was not renewed and rolled over to a month to month, its terms and conditions remain the same. If it rolled over to a month to month and the tenant doesn't remove the dog you can simply give the tenant 30 days notice (or whatever your state law decrees and you can find a link to it in the first "sticky" on this forum) and neither need to give a reason for the notice nor go through the eviction process.
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Old 04-04-2013, 07:22 AM
 
11,843 posts, read 13,988,728 times
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The dog is one issue. Address that and the person with the dog will likely be gone also.

You also have a new tenant that's not on the lease. Normally when this occurs you choose if new person gets added to the lease or you have authority to decide if new person should leave. Since they brought a dog without notice, they will likely move out with the dog and solve both problems quickly. Or you are stuck evicting one known tenant and one unknown tenant.

Maybe talk to a lawyer that knows your state/city/county laws.
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Old 04-04-2013, 08:47 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 51,009,983 times
Reputation: 26264
If you don't know the mailing address of the person who moved in, does that mean that that person isn't on the lease? It really makes no difference as whoever has signed the lease, whether it's the original tenant or the new tenant or both, the terms have to be adhered to by all signatories and their guests. In fact (and I only point this out since you don't seem to be very familiar with landlord tenant laws) if the tenant who left wasn't removed from the lease then he/she remains responsible for its terms and conditions for its duration.
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Old 04-04-2013, 10:39 AM
 
23,800 posts, read 45,463,790 times
Reputation: 16527
I have always had a strict policy on pets and at one time, one of my buildings had a visit from the insurance company to check for breeds the company prohibits... no problem.

That said, my Dog Policy has been shreded... I have several tenants with dogs and they all have physicians letters and/or other documentation regarding service dogs for disabilities...

All but one have children with some form of autism...

Being a residential landlord in my California city was much more straightforward when I, as a Landlord could simply serve a 30 day notice to move and be good...

Now, there are so many exceptions... medical marijuana, service animals, daycares and in my city just cause eviction rent control.

Make sure you understand what you can and cannot do and have a various plans to handle complications...
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Old 04-04-2013, 01:16 PM
 
Location: North Idaho
18,477 posts, read 21,362,878 times
Reputation: 31522
72 hour notice to get rid of the dog. Then you can file for an eviction. Getting a judge to evict for a dog might work, it might not. If you can get photos of the dog wandering around loose, you have a better chance of defending against a tenant that claims the dog is a service animal or emotional support dog. If he can survive for long stretches while the dog runs the neighborhood, he doesn't need the dog all that badly.

However, if this person moved in 2 months after the lease was signed, is his name on the lease? If not, you can get rid of him because he is not a legal tenant.

I think you need to go and talk to a lawyer who specializes in rental law. He will know what your local law is and how a judge might rule.
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Old 05-21-2013, 06:18 AM
 
Location: CANADA
16 posts, read 25,803 times
Reputation: 10
As your tenant broke your rules. So you have to let him warn about the lease. And give him notice of 2-3 days. And still if he is not accepting then you can evict him as he totally violate the rules.
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