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Pennsylvania Real Estate Q&A Discussion Forum

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Jeanni Prescan
  • Real Estate Agent
  • Beaver, PA
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Pit Bulls in the house-what can I do

Jeanni Prescan
  • Real Estate Agent
  • Beaver, PA
Posted Jun 22 2019, 13:29

Hi All.  I just learned that my tenant has 2 pit bulls in my rental home.  I have an eviction pending for unpaid rent,  which can take place as early as Tuesday if she doesn't file appeal, but I just learned from a neighbor that the tenant has 2 bit bulls that are tearing up his yard and all the other neighbors are afraid to even walk past the house .  Her lease allowed for 1 service dog.  Not sure how a pit bull fits into that description, but there it is.   Question is....how can I get the pit bulls out immediately, if I have to wait another 30 days to get tenants out per a possible appeal?

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Geordy Rostad
  • Real Estate Broker
  • Kirkland, WA
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Geordy Rostad
  • Real Estate Broker
  • Kirkland, WA
Replied Jun 23 2019, 01:28

@Jeanni Prescan

I don't know the right answer to your question but I read this the other day in one of the many great books published by BP...

Try this site out: 

petscreening.com

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Steve K.
  • Realtor
  • Boulder, CO
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Steve K.
  • Realtor
  • Boulder, CO
Replied Jun 23 2019, 06:38

@Jeanni Prescan issue a notice to cure or quit based on the lease violation and tack on any fees for the violation as stipulated by the lease. It won’t accelerate the eviction timeline but it might deter an appeal and it will strengthen your case. Get photos of the dogs on the property and written testimony from neighbors if possible too.

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Michael Noto
  • Real Estate Agent
  • Southington, CT
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Michael Noto
  • Real Estate Agent
  • Southington, CT
Replied Jun 23 2019, 06:52

@Jeanni Prescan At this point I would just wait it out until Tuesday and see if she vacates the apartment. If she ends up filing an appeal then document what is going on and figure out the next steps from there. 

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Bryan S.
  • Rental Property Investor
  • California
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Bryan S.
  • Rental Property Investor
  • California
Replied Jun 23 2019, 06:52

@Jeanni Prescan any dog breed can be a service animal, the dog has to go through some training to get certified. I would guess the tenant doesn’t have certified service dogs.

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Marc Winter
  • Real Estate Broker
  • Northeast PA
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Marc Winter
  • Real Estate Broker
  • Northeast PA
Replied Jun 23 2019, 07:00

@Jeanni Prescan

Short answer, you can't get them out immediately.  What can be done:  contact your local animal control.  Dangerous dogs on premises.  If the dogs are not licensed or properly vaccinated, the owner is subject to fines.  Have the neighbors complain to the police.  In other words, turn up the heat.  

You can also ammend your filing for eviction, and make sure the Constable or local Sherriff's department are aware there are 2 pits on premises.

If the tenant files an appeal, PA law states they must post the judgment amount with the Prothonatary.  No money = no appeal.

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Ronald Starusnak
  • Property Manager
  • Syracuse, NY
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Ronald Starusnak
  • Property Manager
  • Syracuse, NY
Replied Jun 23 2019, 08:45

What does the breed have to do with it? I'm more scared of those little ankle biter dogs. 

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Nic S.
Pro Member
  • Danville. CA
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Nic S.
Pro Member
  • Danville. CA
Replied Jun 23 2019, 11:48

@Jeanni Prescan if it were two golden retrievers would you be as upset?

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Ralph Pena
  • Rental Property Investor
  • philadelphia, PA
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Ralph Pena
  • Rental Property Investor
  • philadelphia, PA
Replied Jun 23 2019, 14:21

I don't believe you'll get them out as fast. But make sure you have all of your paperwork correct for eviction. On top of filing another eviction for breaking lease, if there lease is up serve a notice to not renew lease and vacate. If they'll allow you to file another eviction for breaking lease I would, just in case they come up with the money to stay.

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Toby Mims
  • Rental Property Investor
  • Jacksonville, Florida Area
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Toby Mims
  • Rental Property Investor
  • Jacksonville, Florida Area
Replied Jun 23 2019, 20:02

@Jeanni Prescan

You can check with your local code enforcement, to see if they are breaking any codes. Some cities/counties require dogs to be kept in certain types of fencing or kennels, especially certain breeds.

You could add an addendum to your existing lease, or change your current lease to include the amount of a pet deposit, if you will allow animals at all, or what types of animals you will allow depending on the laws in your area (discuss this with your attorney).

Provide the code enforcement and animal control phone numbers for your neighbors that live near the home.

Many insurance companies will not insure rental properties with aggressive breed dogs, so it might be in your best interest to do everything you can legally, until they move or get rid of the dogs.

If the dogs are living inside the house, you might want to get your funds ready and have your contractors already lined up, especially if there is carpet in the home. I know exactly how you feel, and I've been there. Let me know how this goes for you.

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Dennis M.#5 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Erie, pa
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Dennis M.#5 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Erie, pa
Replied Jun 24 2019, 03:56

Call the dog catcher and wait out the eviction

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Jeanni Prescan
  • Real Estate Agent
  • Beaver, PA
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Jeanni Prescan
  • Real Estate Agent
  • Beaver, PA
Replied Jun 24 2019, 07:05

Thanks all, I appreciate your time to reply. I'll post an update when it's all done. 

@Nic S., it's about the insurance. 

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Daimian Leslie
  • Coral Springs, FL
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Daimian Leslie
  • Coral Springs, FL
Replied Jun 26 2019, 09:06

Run! :)

Call animal control and/or do as Toby said above "check with your local code enforcement"