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Removal of a vicious dog from rental property - Landlord Forum thread 191018







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Removal of a vicious dog from rental property by Kathy (New Mexico) on November 5, 2009 @23:56

                              
How would I word a letter of notice to ask for the removal of a mean and dangerous dog from my property? It is stated in the lease that I have the right to ask for the removal if the stated terms are not being met. This dog and one of the tenants other dogs both approached me very viciously the other day and other neighbors have mentioned the same kind of behavior at them also. I have had a conversation several times with the tenants and no movement has been made and even some defensive language was thown at me. I told them I was going to write a letter asking for that so I am looking for some help in how to fairly professionally write this notice. Can anyone help me with this.? Thanks.
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Re: Removal of a vicious dog from rental property by Anonymous on November 6, 2009 @00:27 [ Reply ]
I am sure by now you realize it is a mistake to rent to tenants who live with animals. Just wait until you get a chance to see the inside of your rental. The first thing you should do is to contact the city and see what their ordinances are about vicious dogs and see if your city has a leash law. You are not clear about your lease provisions so I do not know how helpful it will be. Nor am I sure what kind of "defensive language" they are throwing at you. If you have a lease that prohibits animals, you can give the tenants a notice to cure the problem or quit the lease. If no immediate action is taken, serve them with an eviction notice. If you Google "cure or quit notice" you will find a site that will let you download a form for a small fee.
Re: Removal of a vicious dog from rental property by Sandy (Ohio) on November 6, 2009 @03:57 [ Reply ]
My lease states No Pets but everyone of my renters have been sneaky in bringing in a dog and hiding it from me. And everyone of those renters I have kicked out of my house. The last renter was evicted through the court for non payment of rent but they also brought in a rottweiler without my consent and hid the dog from me. Now I am currently looking for a new renter.
Re: Removal of a vicious dog from rental property by Anonymous on November 6, 2009 @08:48 [ Reply ]
From the sounds of it, no matter what you do, it will get ignored and you'll probably have to evict, or try to. So, do it legally, and post a cure or quit notice. Pay for a copy of the notice, it'll be worth it, you don't know what you are going to get from someone who is giving it to you for free.
Re: Removal of a vicious dog from rental property by OK-LL on November 6, 2009 @11:14 [ Reply ]
The earlier posters who advise you to use a Cure or Quit Notice are correct. Here's the NM LL/T law related to tenant's violation of a provision of the lease (this tells you exactly what information has to be contained in the 7-day C/Q Notice or for SUBSTANTIAL violations, the 3-day C/Q Notice):

47-8-33. Breach of agreement by resident and relief by owner.
A. Except as provided in the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51
NMSA 1978], if there is noncompliance with Section 47-8-22 NMSA 1978 materially affecting health and safety or upon the initial material noncompliance by the resident with the rental agreement or any separate agreement, the owner shall deliver a written notice to the resident specifying the acts and omissions constituting the breach, including the dates and specific facts describing the nature of the alleged breach, and stating that the rental agreement will terminate upon a date not less than seven days after receipt of the notice if the breach is not remedied in seven days.
...
C. The initial notice provided in this section shall state that the rental agreement will terminate upon the second material noncompliance with the rental agreement or any separate agreement by the resident, within six months of the initial breach. To be effective, any notice pursuant to this subsection shall be given within thirty days of the breach or knowledge thereof.
...
F. Except as provided in the Uniform Owner-Resident Relations Act, the owner may recover damages and obtain injunctive or other relief for any noncompliance by the resident with the rental agreement or this section or Section 47-8-22 NMSA 1978.
G. In any judicial action to enforce a remedy for which prior written notice is required, relief may be granted based only upon the grounds set forth in the written notice served; provided, however, that this shall not bar a defendant from raising any and all defenses or counterclaims for which written notice is not otherwise required by the Uniform Owner-Resident Relations Act.
H. When the last day for remedying any breach pursuant to written notice required under this act [the Uniform Owner-Resident Relations Act] occurs on a weekend or federal holiday, the period to remedy shall be extended until the next day that is not a weekend or federal holiday.
I. If the resident knowingly commits or consents to any other person in the dwelling unit or on the premises knowingly committing a substantial violation, the owner shall deliver a written notice to the resident specifying the time, place and nature of the act constituting the substantial violation and that the rental agreement will terminate upon a date not less than three days after
receipt of the notice.
J. In any action for possession under Subsection I of this section, it shall be a defense that the resident is a victim of domestic violence. If the resident has filed for or secured a temporary domestic violence restraining order as a result of the incident that is the basis for the termination notice or as a result of a prior incident, then the writ of restitution shall not issue. In all other
cases where domestic violence is raised as a defense, the court shall have the discretion to evict the resident accused of the violation, while allowing the tenancy of the remainder of the residents to continue undisturbed.
K. In any action for possession under Subsection I of this section, it shall be a defense that the resident did not know of, and could not have reasonably known of or prevented, the commission of a substantial violation by any other person in the dwelling unit or on the premises.
L. In any action for possession under Subsection I of this section, if the court finds that the action was frivolous or brought in bad faith, the petitioner shall be subject to a civil penalty equal to two times the amount of the monthly rent, plus damages and costs.

Re: Removal of a vicious dog from rental property by CA (HI) on November 7, 2009 @13:06 [ Reply ]
I'm reminded of one of Robert Kiyosaki's books, where he said that the behaviour of a dog represents who the person really is.

I agree with the cure or quit notice. At the same time, I feel that allowing pets can really set you apart in the market, but you have to set tight restrictions. The bigger dogs do cause more damage, so restrict to small dogs <15 or 20lbs. They must have renters insurance to be able to cover any damages, maintain vaccines, and go through obedience school. I also meet all pets before...if the dog is friendly, their ears are back and they obey the owner's commands, then that tells me the owners and dog will probably be okay. if they pee when they meet you, seem afraid or are aggressive, then you don't want that liability.


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