Tenant Won't Get Rid of Dog

[tenantweary]

My question involves landlord-tenant law in the State of: California

A problem tenant (parks in other people's parking spots, neighbors complain about noise) has a no pet agreement in his lease agreement.

We (my sister and I) witnessed a dog in this problem tenants apt and asked him to get rid of it. He said not until the upstairs person gets rid of their cat. We researched the cat issue, turns out it was allowed in a verbal agreement with all the tenants present.

We reminded him he agreed to the cat and that his contract reads no pets. He agreed to get rid of the dog. That was one month ago. Today I witnessed the dog in his apartment (the kids had the door open as I walked by).

Can we evict him for this?

Thx for any feedback.

[seniorjudge]

Q: Can we evict him for this?

A: Yes. But I'll tell you something that is quicker and cheaper. Show him five one hundred dollar bills. Tell him if he moves out by [date], you will meet him at the empty apartment; he will give you the key and you will give the Bens.

[tenantweary]

Thanks for the prompt reply senior judge! In conversation with another landlord, he expressed concern that I have accepted rent from this tenant and to have accepted rent from him implies agreeing that he keep his dog. I don't understand this argument, but he insists it will be an issue should this go to court.

Any feedback?

[panther10758]

Thats a loose arguement. However when did dog arrive and when did you tell tenant that dog had to go?

[panther10758]

Is tenant on lease or month to month?

[panther10758]

This site should also be of some help

[tenantweary]

Hi Panther10758,

We don't know how long the dog has been there. Its a very small dog. We first saw it 5 weeks ago. Immediately we had a discussion about it, resolved the issues that were brought up and had come to an agreement that he get rid of the dog.

Thx

[panther10758]

Then if you asked them to remove dog right away and lease says no dogs you can take action

[SChinFChin]

Thanks for the prompt reply senior judge! In conversation with another landlord, he expressed concern that I have accepted rent from this tenant and to have accepted rent from him implies agreeing that he keep his dog. I don't understand this argument, but he insists it will be an issue should this go to court.

Any feedback?

You must promptly put in writing that the dog must go. Courts have held that if you knew about it, collected rent on it, and did nothing, that constitutes "implied consent". And saying that you "verbally objected" may not be enough.

A word from a landlord with problems of tenants sneaking in "additional tenants" and "unauthorized pets".

There's nothing more you can do or say, based on your current lease, than to go to court, demand an eviction, saying they violated the lease.

What I did after I smartened up is include a "monetary penalty", say $300/month for each unauthorized tenant, or $500/month for each unauthorized pet, due and payable with the rent, in the lease. This way, the fines would really mount up, and the tenant would move on it more quickly.

Right now, you say "get rid of the dog", and his answer is "we're working on it". Better to cost them $500/month while they're working on it.

Some tenant asked me "are you sure this will hold up in court"?? My answer "you plan to sneak a dog in to find out"??

BTW, a tenant had to pay to have all the doors in an apartment replaced, hollow core doors scratched all the way through, because she was "dog sitting" for a friend who's on vacation, and the dog went nuts in the apartment when left along while my tenant went to work.