Landlord rights regarding pets (lease agreement, tenant, eviction, deposit)
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My tenant has a dog and I have a pet addendum to her lease agreement. In such agreement, she agreed to the dog would not run free on grounds; would not allow dog to disturb the neighbors with barking or encroaching on the adjoining property; and would assume all liability for any damages caused by her pet to either their home and/or premises.
In the year she has been renting from me, she continues to let the dog out, not on a leash, and such dog runs around my yard (I live next door) and our neighbors yard. The dog has pooped in both of our yards, in addition to pooping in the tenants yard. Per her lease, i do all the landscaping. Every time I mow, I either step in or mow over dog poop, though I have gotten much better at spotting it.
Also, the dog tends to dig under my neighbors shed. I've seen this, in addition to the neighbors seeing it. Recently the dog dug up to solar spotlights that were on on the shed. I replaced such lights. But when I went to my tenant to ask her to reimburse me for the lights, she asked for proof that it was her dog that had caused the damage and refused to reimburse me.
Do I have any rights? I'd like to evict her but not sure I legally could.
Here is your recourse for a breach of the lease. Simply put, you give 15 days written notice to cure the breach. If the breach continues you file for eviction with the court.
Here is your recourse for a breach of the lease. Simply put, you give 15 days written notice to cure the breach. If the breach continues you file for eviction with the court.
Tenant's may attempt to complicate matters by saying you have long-term knowledge of what was happening and despite knowing all this and knowing it was violation, you engaged in willful inaction thus giving passive approval. But since you have served her notice whenever you saw the violations (I know you didn't just let it go on and on without doing something) , you have nothing to worry about. Serve them a notice to quit and evict if it happens again.
If her lease is up, simply non-renew the lease. Give her notice that you will not be renewing and give her the date of her last day. Always add a reminder that you would like to return all the deposit so she should leave the house clean and undamaged.
I'd add a line about the cost of overstay rent. If she has had proper notice, you can charge over-stay rent as long as she has had advance warning. I suggest that you put overstay rent into your lease for the future.
If you have to evict at that point, it will be for over-stay and nothing to do with the dog.
All year long, you should have been giving her notices of breach of lease every time the dog was running loose. Me, I would have made her get rid of the dog or else move out, but I have a pretty tough lease and I don't allow my tenants to annoy my very good neighbors.
Also, if you are screening your tenants, you really should have asked the landlord she was leaving if the dog had been any trouble. Maybe you would have heard that there were complaints about the dog running loose and then you could have rejected her application.
Put up cameras so you can show that it is her dog. I wouldn't renew her lease, either. Although, considering she is uncooperative about the dog, she may not be planning on renewing.
I wouldn't renew a lease based on her attitude about her dog, but I am curious....does she pay her rent on time and is she keeping the place in good condition?
She does pay her rent on time, but the house is a mess. I'm just hoping there is no permanent damage.
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