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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.
The dog bit another tenant actually.... luckily it wasn't serious and the tenant is well established and didn not sue me.... After the incident I heard the dog has bitten people before...
I do have a provision that give me the right to request removal of the pet whenever I want.
The dog bit another tenant actually.... luckily it wasn't serious and the tenant is well established and didn not sue me.... After the incident I heard the dog has bitten people before...
I do have a provision that give me the right to request removal of the pet whenever I want.
Sounds good. If all the "t"s in the lease have been crossed and all the "i"s dotted then she's obligated to honor the remainder of the lease term. Keep everything in writing from hereon in so you have a good paper trail. If you're so inclined you can offer her an early release from the lease (if one isn't already built into it) but if you're new to all of this then consult with an attorney if necessary. In any event, the tenant cannot legally hold you hostage and create her own terms of quit. Good luck!
At least find out the statue of limitations regarding dob-bites and lawsuits in your area.
People get really sue happy when funds are running low, and there's no shortage of blood-sucking lawyers that would take her case pro-bono.
Really cover your ass on this one.
In this case, the OP seems to have had a lease clause covering the basic eviction of the dog if it became a problem and immediately addressed that problem.
The dog has been removed from the premises in timely fashion and in accordance with the tenant's lease agreement.
The issue which the OP is now seeking answers to is whether the tenant now has the right to dictate that since she has complied with the LL's demand to remove the dog, she can now leave before the lease term is up and have her rental pro-rated when she arbitrarily decides to move out.
No, she can't. She has removed the dog in accordance with her lease agreement and the OP now has no reason to seek her eviction as she has complied, but he certainly CAN sue her in Small Claims court if she arbitrarily terminates the lease before its term is up and he can document any additional damages over and above owed rent and over and above normal wear and tear.
The OP has only subsequently learned that the dog had previous issues with other people but this is irrelevant. The OP has no reason to prove any case before a judge related to the dog incident because the tenant obviously signed the lease agreement which obviously addressed any such issues and removed the dog when the issue was raised.
No judge is going to allow a tenant who clearly signed a lease with a specific pet clause to dictate to a LL an entitlement to a lease abandonment. I'm among a mass who are all for saving and protecting animals but our particular emotions when it comes to contractual agreements mean nought in a court.
As mentioned earlier, the OP may be able to reach an agreement with the tenant to allow her to leave before the lease term is up. If she fails to agree to such and quits the premises owing rent and/or damages then the OP as a LL is bound to mitigate his damages by making every effort to re-rent the place.
So, if she brings the dog back and you evict her, then the problem is solved. She gets to move out to stay with her dog.
If you were ready to evict her, why would you care if she moves out?
I can't see a pet owner staying somewhere without their pet. If she is forced to stay, I am willing to bet she will bring the dog back. I would.
Second.
Be Zen-like and take the path of least resistance. Do you really want to waste all of that time (not to mention tax dollars) in court?
Someday you may be in a similar situation, be it a pet, or a child or an elderly parent. Foster goodwill and common sense when you are able. Good luck and best wishes.
I have a question. I am a tenant who has a dog, I took my dog out around midnight one evening and my neighbor was sitting outside in pitch black darkness and when my dog saw her he barked at her because he was started by her. He did not bite her or even get close to her. We have received a 7 days notice to remove our pet for an agressive bark. Since he did not bite her does the apartment complex have a right to remove the pet for no violation?
I have a question. I am a tenant who has a dog, I took my dog out around midnight one evening and my neighbor was sitting outside in pitch black darkness and when my dog saw her he barked at her because he was started by her. He did not bite her or even get close to her. We have received a 7 days notice to remove our pet for an agressive bark. Since he did not bite her does the apartment complex have a right to remove the pet for no violation?
I have a question. I am a tenant who has a dog, I took my dog out around midnight one evening and my neighbor was sitting outside in pitch black darkness and when my dog saw her he barked at her because he was started by her. He did not bite her or even get close to her. We have received a 7 days notice to remove our pet for an agressive bark. Since he did not bite her does the apartment complex have a right to remove the pet for no violation?
Your dog didn't do anything wrong; nor did your neighbor, however your landlord should know, by common sense, that a dog is going to bark at someone hanging in the shadows. That's what dogs do.
Personally, I'd fight it, but that's up to you.
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