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Updated about 2 hours ago on . Most recent reply

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67
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Svend W.
24
Votes |
67
Posts

Cracking down on dog poop in back yard

Svend W.
Posted

I have a two-flat in Chicago with 2 tenants, each with a dog (one big and one small). I charge a pet fee and allow them to use the backyard with the understanding that poops get promptly picked up.

As you might guess, that's not happening in one case. When I mow each week, I often find many big poops, often sitting in the open. (I know it's a particular tenant because the other tenant's dog is too small to leave this mess and because the other tenant has complained about this problem.)

Wouldn't want to evict for this, but I am committed to my yard being useable by all tenants at all times, so I need to crack down and know what the process is for fully enforcing this rule, especially given how tenant-friendly Chicago is.

Just curious what people think based on their experience:

1. If the lease says no pooping allowed and poops are repeatedly left behind, what is the process in Chicago to use this as grounds for eviction?

2. Is there a particular number of incidents and attempts at corrective actions I would need to document? Are text messages enough for documenting them?

3. Once the required chances to correct the problem have been given, would I just issue a 10 day notice saying they'd violated the lease?

4. Since a 10 day notice includes the option of the tenant to "cure" the problem, is there anything I have do do differently do avoid doing it over and over? Can a 10 day notice note that previous attempts at curing the problem have failed and therefore no cure is available anymore?

5. Does the fact that there are 2 dogs present complicate things much? Can I cite my impression and complaints by the other tentant to establish whose dog is at fault, or can they just deny that their dog did it and I am then stuck with a he-said/she-said situation?  (I have personally observed their dog going to the bathroom unattended in the yard, so I can speak to observing this behavior at least once.)

Thanks in advance.

  • Svend W.
  • Most Popular Reply

    User Stats

    510
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    Ricardo R.
    • Property Manager
    • Michigan Ctr, MI
    397
    Votes |
    510
    Posts
    Ricardo R.
    • Property Manager
    • Michigan Ctr, MI
    Replied

    We run a management company here in the Midwest and, believe me, dog poop issues come up more than you’d think—so you’re not alone. Here’s how we handle it so things stay fair, enforceable, and don’t turn into a giant headache:

    ________________________________________

    1. Start with documentation (photos + written record)

    We snap a quick photo any time we find the mess and save it with a date/time stamp. We also send a polite email or text right away reminding the tenant of their responsibility and keep that message saved.

    • Texts are fine, but emails look better if it ever goes to court because they’re easier to organize.

    2. Issue a clear written warning before notices

    Chicago’s tenant laws want to see you gave the tenant a fair chance to fix things before getting serious.

    • We send a written warning first: “This is a lease violation. Future incidents may lead to formal notices and possible termination.”

    • We give them specific dates and attach the photos so there’s no confusion.

    3. Use a 10-day notice if it continues

    If the mess continues, then yes—a 10-day “cure or quit” notice is next.

    • This gives the tenant one last chance to fix things.

    • If they clean up and stop, you can’t evict over past incidents—but repeated violations mean new notices, and judges usually side with landlords if there’s a documented pattern.

    4. How many times before it’s “enough”?

    We’ve found 3–4 documented incidents is plenty to show a pattern if it comes to that. Judges want to see you gave the tenant a fair shot, but they also respect a landlord’s right to a clean, safe property.

    5. Avoid the “he said, she said” problem

    If you’ve personally seen the dog or have photos and complaints from the other tenant, that’s usually enough. We note:

    • Date/time of the violation

    • Photo evidence

    • Who reported it

    That way it’s not just your word against theirs.

    6. Our “middle ground” solution

    Before court, we add a pet addendum with fines: $25–$50 per incident for cleanup costs. It usually stops the problem fast without getting attorneys involved.

    7. For future leases

    We now include clauses that say repeat violations after a cure notice = lease termination. It keeps us from having to start the process over each time.

    @Svend W. I hope this helps I'll send you a DM hope you can assist. 

  • Ricardo R.
  • [email protected]
  • 810-844-1104
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