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bjhilligas

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Posts: 3
Reply with quote  #1 
Hi All,

I am a new-ish landlord.  We have been renting out our condo for about a year.  We live and the rental property is also located in San Diego county, California.

Our current tenants are great tenants in most ways except one.  Their dogs.  I have gotten multiple complaints over the last year about their dogs.  I have spoken with them on a number of occasions regarding the dogs barking and in February I sent them a notice of violation in addition speaking with them stating that the dogs are no longer allowed on the patio unsupervised and that the dogs can no longer be left on the patio for extended periods of time.

The renters have made some improvements as far as bringing the dogs in more often, however they are still on the patio unattended and barking.  I witnessed this myself on Saturday, as I was on the property for an HOA meeting and heard the dogs outside barking for a period of at least 20 minutes and someone yelling no at them, I'm assuming a neighbor, because the barking didn't stop.

I have gotten a further complaint regarding the barking, as well as the dogs jumping against the fence and a person was spatted with slobber.  The person felt threatened by the dogs because of their behavior.  The CC&R's for the association state that any dog that is determined to be a threat will need to be removed, though I have not yet been contacted by the board.

So, I want to revoke their Pet Addendum agreement, both because of the Association CC&R's and because I feel this is becoming a dangerous liability for myself.  In the agreement that they signed, I included the right to revoke the agreement.

I'm just unsure how to actually go about doing so - I'm not sure if I should send another notice of violation stating that they have a certain amount of time to remove the dogs permanently, or if I should send a Cure or Quit notice which would only give them 3 days to remove the dogs.  I guess, because I'm a nice person, I would like to give the renters 30 days to make arrangements for the dogs.  However, I also want to be legally protected so, I'm unsure if a Notice of Violation would be the correct option.  Also, if I need to send a Cure or Quit notice to protect myself, and the renters choose to quit - what am I legally obligated to refund?  It is May 10, if they quit they would need to be out May 14 - that leaves half a month's rent that they have paid me, plus their security deposit.

Thanks for any advice.
OHlandlord

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Posts: 3,809
Reply with quote  #2 
Normally cure or quits are only for material lease violations.  I'm not sure the termination of a pet agreement would fall under that.  The dogs are unattended and barking, but haven't really threatened anyone or bit any person.  I would simply type up a notice for the violation, note the continued complaints about barking, and give them the extended period of time to remove the dogs.  It would be difficult to give away a family pet after a year and won't be an easy process.  With a month, they can perhaps find a family member who would be wiling to take the pet temporarily until their lease ends.  If they have no lease, you can always just give them the 60 day termination notice to end the m2m agreement, which is what they will probably do if they can't keep the pet.
rkkeller

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Posts: 764
Reply with quote  #3 
I have dogs and if a stranger were yelling no at them they would probably end up barking even more.

Do the decent thing, let them out of the lease and give them time to find a new place and move.  There are enough dogs filling the shelters and being killed daily.
MOON

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Posts: 577
Reply with quote  #4 

You may want to speak with township building inspector, he may send them a summons regarding the dogs.that will probably help them get the message.And I don't want to sound mean I love animals & have been far to lenient with tenants & pets.But if you have already approached them & sent a notice. getting a summons from the township may get their attention. just make sur they & not you will get the summons.

pauldavidson

Registered:
Posts: 4
Reply with quote  #5 

Just in case anyone need to fill out a Pet Agreement form, I found a blank form in this link http://pdf.ac/6LCQw. This site PDFfiller also has several related forms that you might find useful.

 
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