Tenant lets dogs potty on floors! How to handle?

Question

I'll try to make this not too crazy complicated.  We recently bought an 11 unit complex.  The aquired leases were handwritten, one page and very lacking.

We have been rehabbing the empty units and significantly raising the rents, getting them up to market.

The current residents love the new units and have been happily moving into the more expensive redone ones.

So here comes my dilemma.  This past week one of the current residents asked to move into one we are finishing and I verbally said yes.  My contractor and I walked her current unit this past Friday to see the scope of rehab needed for her apartment once vacant.

Well, the smell about dropped us both.  She has 2 little dogs that she obviously allows to go potty on the floors, all. the. time.  When we opened under the kitchen sink to inspect the disposal, we found a litter box of dog poop over filling the box and white fuzzy mold growing on it!!!

How would you handle this situation. I obviously do not want her moving into the newly remodeled unit. I want to tell her this and tell her she needs to clean her apartment. At the same time, I want to be delicate as possible. Thanks!!

Mary lou L. · Answer

If her lease is up in June I just would not renew it. She will be out of the apt and you can do your rehab. I think that is the strongest thing to stand on is just not renew.

George P. · Answer

ha! people are weird.

if i had no lease with her, i'd give her a month notice to vacate the property A.S.A.P. no questions asked. no reason given.

she'd have that notice LAST NIGHT.

Account Closed · Answer

Much of the time I'd agree with this, but in this case I think the point is to be making a case for court, if need be.  If she ends up owing money for damages beyond the security deposit, he may have to sue her to get it.  All documents will be seen by a judge, and this is a pretty damning document.  Sets up his case well, and sometimes tenants don't see their own dirt.  Best to be specific about what the problem is and what needs to be done, in this case.  In my opinion :-)

Jon Holdman · Answer

If this tenant is on a month to month lease, terminate it in accordance with your local laws.

If she's on a longer lease, does it address care of the property?  It should, but if its only one page it may not.  If it does then you can try a "cure or quit" notice to get her to clean it up.  If not, you may be stuck.

Has this gone downhill since your initial inspection?  I assume you thoroughly inspected each and every unit before closing.

Account Closed · Answer

Oh, one more thing, instead of asking her to confirm receipt of the letter, which she may stubbornly refuse to do, just say she should contact you to work out a mutually acceptable appointment for when you go back in to inspect.  If you don't hear from her, you'll just give her 24 hours (or whatever is required by your law) notice of when you will be entering.

Remember that her behavior is unacceptable.  Time to be fair but firm.  No asking.  "I WILL be entering to inspect, but I hope we can work out a time that works for both of us."  That's the tone needed now.

In my ever so humble opinion :-)

Account Closed · Answer

Perfect!  Except - take out the part of rescinding your offer, in my opinion.  If you tell her she has no chance of getting a new apartment, imagine what she might do?  Plus, why give her anything in writing that says you offered her a different apartment, then backed out of that offer?  Right now there is no evidence of this.  I'd leave it that way.

Before you send the letter, can you take some photos?  Then hand her the letter?  If not, just go with the letter.

Even if every little thing isn't in a contract, the court will assume certain things to be part of the contract.  This would include keeping a place in sanitary condition, and undamaged.  For instance, you don't have to put in your contract the specific wording saying it's not okay to light bonfires in the living room.  No judge will say, "Well, too bad  you didn't put in your contract that your tenants' dogs couldn't defacate all over the floors..."

I think your approach is perfect, and that you would have grounds to evict her if she doesn't clean up.  And then get rid of her as soon as possible.  Keeping her will cost you money.

Totally unacceptable.  Sorry you're dealing with it.

Oh, and send the letter with proof of delivery (USPS priority mail letter with proof of delivery is perfect - they don't have to sign for it, and you have proof she got it).

Also, make sure you give the proper amount of notice to not renew the lease - in CA if they've been in the unit over a year it's 60 days - just check and do it right.

Dawn Anastasi · Answer

I wouldn't be afraid of retaliation by a tenant.  You don't want them to have you over a barrel.  They will do what they will do with or without it.  It's better to stick to your lease (what you can get out of it) and indicate that her unit badly needs to be remodeled and that you will not be renewing her lease.  Make sure you give her adequate notice per your state/local laws.

Edward Debbs · Answer

Your letter was probably fully effective and garnered the result you wanted .  I've had to contact lawyers about similar problems in the past and have updated your letter to reflect what I learned

(see print in bold)

.  Just my opinion.

Davon Lowery · Answer

@Karen P.

Thank you for sharing your story, sorry to hear about your troubles. Some good advice in here.

If her lease in effect, and if she is on any type of government assisted living it would behoove you to tread lightly. Now, on the other hand if these obstacles don't apply you could apply a myriad strategic ways to either have her removed or clean up her act, literally.

I'm thinking public nuisance, you've already stated that after your taking ownership, renters left, we imagine it was because of her. Also, Municipal code/Ordinance violations, public health. Animal waste are the chief contributor to infestations and progenitors of disease. Good luck keep us posted.

Account Closed · Answer

Do not allow pets unless prospective tenants prove that they are responsible first.  If tenants are responsible in one area of their life (ex. financial/credit), it is extremely likely that they will be responsible in most/all areas of their life.  I personally allow pets in all my rentals, but all my tenants are responsible and have credit scores of 600+.

If you're having to lease to tenants who are not responsible, DO NOT ALLOW PETS.  They will not be responsible pet owners.  This will prevent the types of issues you are currently managing from ever occurring.

Tenant lets dogs potty on floors! How to handle?

Most Popular Reply