Can I require a tenant waive right to 24 hour notice (hiding dog)

Question

I have a tenant that we believe is hiding a dog. They gave the visiting dog excuse. We have a coach that operates several properties in California and they suggested that IF we allow them to stay, its month to month, and we make them sign a waiver for me to give 24 hour notice.

I am ok to do that but I am concerned that because state law requires 24 hour notice for everything but emergencies, a signed waiver would not hold in court.

Oklahoma Landlord and Tenant Act: "the landlord shall give the tenant at least one (1) day’s notice of his intent to enter and may enter only at reasonable times."

John Underwood · Answer

Dog has to go out to use the bathroom. Hide a trail camera outside to monitor and change the lease to say no visiting pets on property.

Cali Skier · Answer

Thanks all for the input and advice. We are pretty sure they have a rabbit, and probably have a dog in the house, but the inside of the house is well taken care of and did not see any real evidence other than cages in the attic and an empty dog food bag in the neighbors yard that has been vacant for months. I think we will eventually address the dog issue when we month to month and see if there are any further concerns.

Alyssa Dyer · Answer

Hey there, I am late to the bandwagon here. But we've had good luck just giving tenants the benefit of the doubt (hard, I know, haha) in the conversation and just being like "hey you may have forgotten but you are in violation of your lease if you have animals. If you got a pet, we just need to get your paperwork cleaned up and start your pet fee." blah, blah. You get the idea. But pretty much every tenant has just been like "great, send me whatever I need to sign" and they start paying their pet rent. Especially since you said the house it taken care of, you may be able to just handle it without all the notices and intensity!

Scott M. · Answer

Not sure about courts/judges in Oklahoma but I know in MI, esp in today's covid world judges are not likely to evict over a minor lease violation.

The other issue you face is "we believe". Serving a notice over a belief, even if it is to gather evidence may interfere with your tenants right to quiet enjoyment locally.

My point is, I am not sure I understand your coaches comment of "If you allow them to stay". If they are month to month do you need to provide a reason in OK to end a lease? If they are term I don't think you have a choice unless your courts/judges will grant an eviction over a lease violation as small as a dog.

Darius Ogloza · Answer

If the tenants are in breach of contract (which appears to be the case), they have a choice. Cure and retain the existing lease as is. Or, negotiate a new arrangement with you (i.e. amend the lease contract). If they want to stand on the existing lease, they have to get rid of the dog. If they want to keep the dog, you are free to negotiate a new arrangement.

Adam Martin · Answer

If they are already on a term lease you cannot unilaterally make it month to month. I see it as 2 options for when their lease is up if they are not already month to month. You could issue a notice to vacate and I wouldn't mention the dog. Just say you are not renewing and leave it at that, if you bring up the dog it could morph into an ESA and this could get trickier. If you are ok with dogs just increase the rent to make you comfortable to get it to market if not over. If they want to stay with the dog you are getting compensated, if they don't want to pay then they are gone and the problem solved itself. I loke option 2 best. I guess as a 3rd less practical option you could have a friend knock on the door offering either a service or salvation and if they hear a dog they can report back to you. This doesn't seem practical long term and if it was something I felt the need to do I'd just term the lease but that doesn't guarantee the next tenant will be better.

Kristen Simmons · Answer

Can you change a lease that is currently executed?

Can I require a tenant waive right to 24 hour notice (hiding dog)

Can I require a tenant waive right to 24 hour notice (hiding dog)

Most Popular Reply

8 Replies