bad time to evict a tenant due to holiday season?

Question

Hey guys,
we have a tenant does not clean up after her pet, or leaves plastic bags full of dog waste on the property corner, and claims that it's the "neighbor's dog relieving itself and not hers". Since we do not have a fence, we do not have proof (however, other tenants saw her doing it). 
We wanted to evict this tenant, but would you recommend waiting until Feb 2013 due to the holiday season approaching? I read an article here on BP that this is not a good season to find renters.
My concern is that another unit just came up at that property, and it may be difficult to rent if there's dog waste on the lawn here and there (she picks up the waste every 1-2 days). Please, keep in mind the property is located in mid-to-low-income neighborhood.
Evict or wait?
Thank you!

P.S. The tenant is otherwise very clean and pays on time.

Scott W. · Answer

also, evictions are expensive. too many landlords use the word loosely. they don't know they're expensive & stressful.

picks it up every 1-2 days? you should come to my house - my wife picks it up about once a week. a couple days ago, i had dog sh*t all over my shoes & the lawnmower wheels.

Account Closed · Answer

I'd use whatever is used in NV to give Notice to Cure or Quit.  Use whatever notice document in NV tells tenants to fix a problem or they must vacate.  The notice cites terms of the lease that she is violating and says how must be cured.  Don't get into it with her via email or phone.  Make it just like not paying rent. Do you have a property manager who can serve her the right notice?

Edita D. · Answer

Jon K.
Renovating the property since everything is old there: water heaters (over 15 yrs old), laundry room, screen doors are falling apart. Theres' lots to do. I don't think anybody was taking care of the property for a long time...

Edita D. · Answer

OK. From this thread and from other landlord's responses I realize I am not being reasonable with my goal of keeping dog waste from the lawn and getting rid of the tenant that pays on time.
I also think I should have used "not renewing the tenant's lease" rather than "evicting".
Thank you for your input, guys!!! I am glad I asked the experienced colleagues and did not make a mistake of building animosity or getting rid of a tenant that pays on time. Thank you again! :))

Jon K. · Answer

I, too, don't see what the big deal is... at least not at the eviction level. Evicting over dog crap in the yard being there for 1-2 days?

It's not damaging your property or your property value, you can't prove it's her dog, and she's picking it up every 1-2 days.

Why would you tolerate dog crap? Because it's a rental-- not where you live, she's paying on time, not damaging your property, and picks up the crap after only 1-2 days? It's not like she's leaving mounds of dog crap on the sidewalk for weeks on (end.

With renters in the low to middle income bracket, taking out trash or picking up waste in 1-2 days is far above the norm I'm surprised a tenant is actually picking up their crap at all. I'm surprised the pet isn't crapping and peeing all in your house. With a mid-to-low income tenant, I would say that you're incredibly LUCKY this is your only issue and to let dogs-- err, dog crap-- lie for 1-2 days.

Is the dog crap in the other tenant's walking path? If so, I would send a polite blanket letter out to all tenants in the complex saying some tenants have complained about waste and litter outside on shared sidewalks. Then a polite one-on-one talk later if you've seen it as hers, saying you would hate to not renew her lease but you're getting complaints from other tenants.

Your property is very clean inside, she pays on time, and picks the crap up after only 1-2 days. I would put the other "crap" aside.

Unless this dog is the size of bigfoot with irritable bowel syndrome, I can't imagine how 1-2 days worth of dog crap would be visible from the street enough to make your property look bad.

Why are you updating and renovating a rental every month????

Steve Babiak · Answer

Ask them what they think ...

This reminds me of the thread a few weeks back where the guy wanted to evict over oil stains in the driveway ...

When you have a mostly good tenant who pays regularly and mostly on time, you learn to have discussions with them so as to not generate animosity.  Explain that you are getting complaints from other tenants (I think you mentioned you are), and that part of not constantly reminding them of these little issues just requires that you not get those complaints.  Explain that you would hate to have to solve this problem by not renewing their lease.

Edita D. · Answer

OK. Will hold off until Feb 2013.
But I do not understand that it does not bother you guys that there's dog waste on the lawn when you visit the property... You can STEP into it!!! It's right there on the path!!! There's dog waste plastic bags placed in visible areas!!! Why would I be ok with it? Yes, the property is in mid-to-low-income neighborhood in San Diego, however I TAKE CARE OF MY PROPERTY and WHY DOES NOT THIS tenant RESPECT it??? Her unit is SOOOOO clean, but she leaves dog waste everywhere! Every month we are renovating and updating this OLD property (built in 1950), why should we as owners tolerate dog waste?!?!?!?! What are other tenants going to think???

Bruce L. · Answer

As long as the tenant is paying you rent and not damaging your property, I wouldn't worry about it.

I would gladly have your tenant over a tenant that I have to chase the rent.

PS. 
Now to Jan. is not a good time to find renters in LV.

David Niles · Answer

I would try to work with her then if its only a "crap" issue, lol.

Bob Hank · Answer

For us we are able to find someone to rent to unless it's with in a week of a holiday.  What dose the lease say about picking up after dogs?  If it is a complex it should be pickup every time.

bad time to evict a tenant due to holiday season?

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