Can I evict for this rule being broken in the lease?

[Tim Callahan]

Hi, we have a lease that allows dogs as long as they are on a leash at all times when the dog is outside and on the property.  This is specifically stated in the lease.  It's a safely issue for us, as we live in another unit in the house.  Now I have a tenant who has broken this rule several times, letting their small dog run free everywhere. It ran after a car coming up the driveway the other day and was barking at our guests. 

We have posted warning letters on their door twice now about this.

How would we fare if we started eviction proceedings because the tenant refuses to obey this rule?  

[Theresa Harris]

If it is in the lease, I'd let them know they are in violation of the lease and have been given fair warning. Don't post notices, hand them to the tenants and get them to sign a copy stating that they received it and when.  I'd also talk to an attorney.  As you live in part of the unit, the rules may be different (and more on your side).

[Nathan Gesner]

Quote from @Tim Callahan:

Yes, you can remove a tenant for lease violations. It's technically a termination of their lease, not an eviction, which would be a court action. You would only evict if they refuse to leave.

I issue a written warning the first time. The second time, I issue a written warning and notify them that another violation will result in termination of their lease. The third time, I give them a 30-day notice of termination and get them out.

[Tim Callahan]

Thank you guys.  The tenant is complying now after a couple notices.  They will be out at the end of October, and we are not renewing.   Let's hope we don't need to take any more action at this point.

[Nathan Gesner]

Quote from @Tim Callahan:

Thank you guys.  The tenant is complying now after a couple notices.  They will be out at the end of October, and we are not renewing.   Let's hope we don't need to take any more action at this point.

Thanks for coming back with an update!

[Ray Hage]

Glad to see this one worked out for you @Tim Callahan. For any violations of the lease, I would agree with @Nathan Gesner's advice. Any major violation of the lease should be documented and noticed must be written. I would provide a physical copy, email, and even a text/pic for the lease violation. In case, you ever need to go to court, you'll have everything you'll need. 

[Jake Knight]

Typically, any lease violation can be grounds for eviction so long as your willing to go through the legal cost and process to follow through with it.  Most small violations are met with notices so they can correct behavior so it doesn't lead to that.