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Pet Violation

Tenant just moved in 4-03-10. Lease states NO PETS ALLOWED, Went to Rental unit to  paint garage at tenants request, 2 pitbulls chained in the back yard. How do I handle this. I dont want pets on the property.  Also lease states no one else is to live in the premises, I believe mom, brother and boyfriend are also occupying my rental, which is to small for 7 people. Can I put them out? It hasnt been 30 days yet, and they have no respect for the lease agreement.

Maria, if they violated the lease you can demand that the pet be removed, and if its not removed they can be evicted. If you do not want to evict them, you can create a lease addendum and ask for a pet fee.
Don’t you just love it when tenants are honest about their intention?  I would give them Notice to correct the violation as required by law. If they don’t, evict them. No ifs and buts.  If they do remove pet, tell them that you are having the unit checked for urine damage (check for test on line) and the place fumigated at their expense. Don’t wait until some time in the future when they decide to move. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.
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You should send them a letter and tell them that they are breaking the lease agreement and give them some time to remedy the problem , Now some insurance companies do not cover dogs like pit bulls because of the reputation,what happends if he nips someone, another thing it is hard to prove if these people staying over are overnight guests or live ins, you have to detective work like mail and car parking and how long , if they are recieveing mail then chances are they are staying there , do not harass them .
You should send them a letter and tell them that they are breaking the lease agreement and give them some time to remedy the problem , Now some insurance companies do not cover dogs like pit bulls because of the reputation,what happends if he nips someone, another thing it is hard to prove if these people staying over are overnight guests or live ins, you have to detective work like mail and car parking and how long , if they are recieveing mail then chances are they are staying there , do not harass them .
You do have to send a letter directly informing them that they are violating the lease and give them a specified time to remedy the problem. If they do not adhere, you can issue a notice of eviction. If the contract clearly states no pets, take pictures of the dogs and keep a copy of your initial notice in case you end up having to go to court.   If you do find that other people are occupying the rental, check your state law because it may also be a fire code violation depending on the size of the home.  While you cannot harass the tenants, you can enforce your contracts and within your notice you can and [should notify] the tenant that if they do not adhere to the lease termination/eviction that you will use lawful measures up to and including sheriffs and courts to regain your premises -- and that they will be responsible for cost of such. So many LLs write broadly worded contracts, however they must be as specific as possible while staying in the context of state law.
The security should only be kept to repair damages that the pet may have made and you do need proof of these damages. Usually photos.  These are also damages that may not have been made by a pet. Basically you cannot hold security if the pet did not actually damage anything.  It is the landlords job to keep up to date with the tenants and make sure that they are not violating the terms. They could have been evicted fairly for breaking the lease but when it comes to with holding money...MAKE sure it is for repair beyond normal wear and tear. The judges love hitting the Landlords hard if they can. Don't give them the chance.
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