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Old 11-04-2013, 06:38 PM
 
8 posts, read 118,185 times
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I allowed my wife's friend to move in and rent from us back in April and long story short, haven't been able to pay us rent. There had gotten a large dog who has severe anger issues with children (we have a small child) and told them he needed to go. They chose to move out, at this point I understand typically they need a 30 day written notice, and possibly court if they string it out.

Is there any exception to this rule as the dog is a threat to our child (and their friends son he bit, that the father did not report) to expedite this, if they try to draw it out?
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Old 11-04-2013, 07:04 PM
 
10,538 posts, read 14,044,082 times
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Quote:
Originally Posted by RobertS123 View Post
I allowed my wife's friend to move in and rent from us back in April and long story short, haven't been able to pay us rent. There had gotten a large dog who has severe anger issues with children (we have a small child) and told them he needed to go. They chose to move out, at this point I understand typically they need a 30 day written notice, and possibly court if they string it out.

Is there any exception to this rule as the dog is a threat to our child (and their friends son he bit, that the father did not report) to expedite this, if they try to draw it out?
Not sure what you are asking, Are you asking if YOU are required to give them a 30 day notice?
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Old 11-04-2013, 07:37 PM
 
8 posts, read 118,185 times
Reputation: 14
I am sorry, yes that is what I was asking.
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Old 11-04-2013, 08:22 PM
 
Location: Riverside Ca
20,907 posts, read 23,315,778 times
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Is there any written agreement spelling out any rent payment, and what they are and are not allowed to do on the premises? Say no pets or farm animals allowed. You would have to give 30 day notice to vacate if you no longer want them to live there. You can give a notice to get rid of the dog in say 3 days or move out. If they don't get rid of the pet you can serve them with a unlawful detainer. You can also serve them with a 3day pay or quit notice which means they have 3days to come up with rent and late fees.
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Old 11-04-2013, 08:30 PM
 
Location: Long Island, NY
1,767 posts, read 1,925,422 times
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I would make a call to animal control and child protective services.
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Old 11-04-2013, 08:47 PM
 
639 posts, read 1,667,333 times
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If they chose to move out why evict? Unless they are saying that and not doing it. Since they are month to month you do need to give a 30 day notice, sent certified mail with return receipt, or else get them to sign a copy of the notice if they will cooperate. The eviction process starts if they refuse to move out after 30 days. You can't give a 3 day notice on the dog unless you had a previous written agreement that said no pets.

As for the dog being dangerous, I would just keep a baseball bat or other weapon handy and be ready to kill or beat off the dog the next time it attacks. And I say that as a huge dog lover. Dogs that attack children unprovoked do not deserve to live. I don't see a legal way for you to remove the dog from the household without first evicting the owners, a process that can take months. Maybe telling the owners how you intend to protect your child from the dog will encourage them to keep it under control.

I would NOT report it to child protective services. They will say you are keeping your child in an unsafe environment and take YOUR child. They won't do anything about your tenant's dog. Animal control might do something about the dog, but you would need the victim of the dog attack as proof, and it doesn't sound like that is going to happen unless another attack occurs--then it will be too late.
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Old 11-04-2013, 09:36 PM
 
Location: Riverside Ca
20,907 posts, read 23,315,778 times
Reputation: 32221
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Originally Posted by eevee188 View Post
If they chose to move out why evict? Unless they are saying that and not doing it. Since they are month to month you do need to give a 30 day notice, sent certified mail with return receipt, or else get them to sign a copy of the notice if they will cooperate. The eviction process starts if they refuse to move out after 30 days. You can't give a 3 day notice on the dog unless you had a previous written agreement that said no pets.

As for the dog being dangerous, I would just keep a baseball bat or other weapon handy and be ready to kill or beat off the dog the next time it attacks. And I say that as a huge dog lover. Dogs that attack children unprovoked do not deserve to live. I don't see a legal way for you to remove the dog from the household without first evicting the owners, a process that can take months. Maybe telling the owners how you intend to protect your child from the dog will encourage them to keep it under control.

I would NOT report it to child protective services. They will say you are keeping your child in an unsafe environment and take YOUR child. They won't do anything about your tenant's dog. Animal control might do something about the dog, but you would need the victim of the dog attack as proof, and it doesn't sound like that is going to happen unless another attack occurs--then it will be too late.

Let's hope he has a written lease
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Old 11-05-2013, 03:01 AM
 
9,441 posts, read 20,845,095 times
Reputation: 12990
If they're moving, you don't need to evict them. At this point, without a written lease they are considered month to month and you'd be required to give them x amount of days notice if they refuse to move out. As for the dog, you can issue them a 3 day notice to get rid of the dog, if they don't comply, you start the eviction process.
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Old 11-05-2013, 03:23 AM
 
Location: Long Neck,De
4,792 posts, read 7,109,434 times
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You would have to give them 30 days written notice.(certified mail,return receipt). After that different states have varying procedures. We have had rental properties in Delaware and Maryland. When we have had to evict someone process has been way different. Can you get a copy of your states LandLord Tenant Code?
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Old 11-05-2013, 05:12 AM
 
26,746 posts, read 41,090,469 times
Reputation: 14893
They choose to move out...so what is the question and why would you call child protective services for a dog you allowed to come in? That sounds like a false claim just because you want the dog to be go away.

They are not replacing civil courts so I would suggest not to call child protective services since they should be busy with real cases for kids that are in harms way due to people who harming kids, but not for a dog you allowed in and than your brain started to work and realizing that a big dog and a child are not a good match, that is not something you can now use the system for to benefit you and to avoid the court system that we all need to use for things like that.

The police will tell you the same and btw calling them and making a false claim can cause a punishment, so better think twice before calling them.

Maybe a certified letter to proof that you want them out...
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