Our tenant is breaking her lease

Our tenant is breaking her lease

Geri MayPro Member
Rental Property Investor · Boise, ID · Member since 2019 · 60 posts · 13 votes

I have a tenant that is breaking her lease, it has been reported to me by multiple sources, not only does she have a service dog that was approved but she has a second dog. It has been reported by her neighbors that her service dog is aggressive, when I asked her about this, she said the dog is in training. I am worried about starting the eviction process for a service dog; however, I have no problem going on the fact she has two dogs when the lease only says one. She is claiming she only has one dog there and the neighbors have only been able to get the photo of the one, approved, dog.  It has been reported by multiple people, our handyman as well as an appraiser that the service dog has to be moved from one room to another and that they cannot be near the dog because he protects her, so they have to step outside. I have neighbors that say they are afraid when the dog is outside. 

It has also been reported she has more than the number of people living on the property; however, she claims that is not true. When we discussed with her the number of cars parked on the cul-de-sac, she says it is the medical people that come and assist her throughout the day.  We have photos of vehicles there late at night and early morning. 

It has also been reported she, along with other adults are smoking weed on the premises; she assures us she is not.  I have told the neighbors if they smell it or see it happening out front, they need to call the police. 

I feel like my hands are tied, my husband and I want to write an addendum, what are your thoughts? We do not live in the area so it is hard to drive by; however, I can set up a walk through with a 24-hour notice.  I look forward to hearing from many of you and your experience and expert advice. 

On another note, I have heard taking rent via a bank deposit or Zelle is not the best way to accept rent because it automatically goes in. I have heard it is best to use Venmo or CashApp this way if you don't want to accept payment you don't have to. We also heard through Zelle and bank deposit they can deposit $1.00 and that since it is automatically accepted it could show you are accepting a partial payment, what are your thought on this and what do you all use?

Thanks for the help and have a blessed day! 

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Member since 2018 · 2k+ posts · 1k+ votes
4y

@Geri May if the dog is aggressive it doesn't matter that it is a service dog. Here is an article addressing the ADA compliance. https://adata.org/faq/how-can-... Give a notice to cure and if they don't comply start the eviction process. Get your statements from the neighbors and your handyman to prepare for court. Are there other lease violations. Are they picking up the feces in the yard. Is the dog destroying anything in the house. I don't know what kind of addendum you would use to relieve your problems. 

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    4y

    Need more info.  Something is wrong here.  What paperwork do you have on this animal?  If it says "service dog" it is likely a fake.  The correct term is "service animal".

    A true service animal is trained to qualify as a service animal.  They don't become a service animal and then get trained.  Part of being a certified service animal is that they are non-aggressive.  It would make no sense to have a leader-blind dog, for example, that bites other pedestrians.

  • Matthew Irish-JonesBusiness Member
    Real Estate Agent · Buffalo, NY · Member since 2017 · 2k+ posts · 2k+ votes
    4y

    @Geri May if she is breaking the lease send her a violation notice and document it.

    It’s going to be hard to document much if you don’t live near by unfortunately.

    Are you self managing or using a property manager?

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  • Member since 2018 · 2k+ posts · 1k+ votes
    4y

    @Geri May if the dog is aggressive it doesn't matter that it is a service dog. Here is an article addressing the ADA compliance. https://adata.org/faq/how-can-... Give a notice to cure and if they don't comply start the eviction process. Get your statements from the neighbors and your handyman to prepare for court. Are there other lease violations. Are they picking up the feces in the yard. Is the dog destroying anything in the house. I don't know what kind of addendum you would use to relieve your problems. 

  • Investor · Youngstown, OH · Member since 2017 · 2k+ posts · 2k+ votes
    4y

    If this is your first eviction, have an attorney walk you through it. It'll teach you how to handle future evictions yourself.

  • Geri MayPro Member
    OP
    Rental Property Investor · Boise, ID · Member since 2019 · 60 posts · 13 votes
    4y
    Quote from :

    Need more info.  Something is wrong here.  What paperwork do you have on this animal?  If it says "service dog" it is likely a fake.  The correct term is "service animal".

    A true service animal is trained to qualify as a service animal.  They don't become a service animal and then get trained.  Part of being a certified service animal is that they are non-aggressive.  It would make no sense to have a leader-blind dog, for example, that bites other pedestrians.

    @Greg Scott the note from the doctor says service animal this treatment, epilepsy. We have read anyone can get their dog trained to be a service animal. The company is registered with is usaservicedogregistration.com

    @Matthew Irish-Jones we self-manage but have neighbors that have sent some photos, unfortunately not photos that could probable stand up in court. 

    @Tim Herman we plan to set up a walk through to check house for damages.

  • Geri MayPro Member
    OP
    Rental Property Investor · Boise, ID · Member since 2019 · 60 posts · 13 votes
    4y

    Can we ask, what type of vehicles are coming in to help her with her disability, and what time of day? We have heard from neighbors cars come, but stay all day and night which leads us to believe others are living there. 

  • Rental Property Investor · Laurel, MD · Member since 2016 · 378 posts · 382 votes
    4y

    @Geri May You have a number of issues here. First, Greg Scott is correct, there is no such thing as a “service dog” and all service animals are trained before going to a “Disabled” person. For this to be a “Service Animal” it needs to preform some kind of action. Example: Seeing eye dog, a dog trained to pull open doors and so on.

    You’ll want to read up on this:

    https://www.ada.gov/service_animals_2010.htm

    https://beta.ada.gov/

    https://beta.ada.gov/topics/service-animals/

    It’s a lot of information but it’s needed in order to know what your rights are.

    Here is a service you might be interested in, they will screen all the pets of any tenant. They will gather all the legal information needed from the tenant to determine if the pet is a “Service Animal or ESA”. They will reject them if it's not legal.

    https://www.petscreening.com/

    Now, you need to put the law down on her. Plain and simple, never, ever let a tenant know that you do not have proof of anything. You need to give her 30 days notice to get rid of the dog as it is an aggressive animal. There is no discussion on this issue, hold your ground. Then give her another 30 day notice to clear out the house of all people not on the lease. Again, hold your ground with her. Tell her you have pictures showing other people living there. She’ll want to see them, just say, you’ll see them in court if you do not follow the 30 day notices.

    Once you give her notice, give her a 24 hour notice of inspection. Don’t tell her but you will do another inspection at the end of the 30 days. This is how you’ll see if she did what you demanded her to do.

    Vemo, CashApp, Zelle are not proper apps for collecting rent. You need to get an account with, Apartments.com, RentRedi, PayRent, Avail or Innago. This allows you to collect Security Deposits and monthly rents. It gives the tenants a receipt of payment and it notifies them if rent is late and will add a late fee.

    These apps will allow you to control how a tenant can pay you, full rent payment, partial payments or you can stop them from sending any payments. Good Luck!

  • Rental Property Investor · Laurel, MD · Member since 2016 · 378 posts · 382 votes
    4y
    Quote from @Geri May:
    Quote from :

    Need more info.  Something is wrong here.  What paperwork do you have on this animal?  If it says "service dog" it is likely a fake.  The correct term is "service animal".

    A true service animal is trained to qualify as a service animal.  They don't become a service animal and then get trained.  Part of being a certified service animal is that they are non-aggressive.  It would make no sense to have a leader-blind dog, for example, that bites other pedestrians.

    @Greg Scott the note from the doctor says service animal this treatment, epilepsy. We have read anyone can get their dog trained to be a service animal. The company is registered with is usaservicedogregistration.com

    @Matthew Irish-Jones we self-manage but have neighbors that have sent some photos, unfortunately not photos that could probable stand up in court. 

    @Tim Herman we plan to set up a walk through to check house for damages.

    Geri, this woman is taking you for a ride! You do not register your so called "Service Animal or ESA". Epilepsy? Really? Sorry, not buying it! I provided you with a link for Pet Screening services. I really recommend you sign up for this service and require her to process her "Service Dog". I also recommend getting a lawyer now, because she going to drag you through hell.

  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    4y
    Quote from @Geri May:
    Quote from :

    Need more info.  Something is wrong here.  What paperwork do you have on this animal?  If it says "service dog" it is likely a fake.  The correct term is "service animal".

    A true service animal is trained to qualify as a service animal.  They don't become a service animal and then get trained.  Part of being a certified service animal is that they are non-aggressive.  It would make no sense to have a leader-blind dog, for example, that bites other pedestrians.

    @Greg Scott the note from the doctor says service animal this treatment, epilepsy. We have read anyone can get their dog trained to be a service animal. The company is registered with is usaservicedogregistration.com

    @Matthew Irish-Jones we self-manage but have neighbors that have sent some photos, unfortunately not photos that could probable stand up in court. 

    @Tim Herman we plan to set up a walk through to check house for damages.

    That site is a joke. I just registered my couch as a service dog.  It's designed to make money by selling fake service animal gear and fake certificates.  Tenants get those because it helps them avoid lease violations and pet rents.

    Check the doctor note.  Does the doctor have a license in your state?  Chances are that was a doctor note bought over the internet.

    You still need to be careful here.  If it goes to court, some judges are sympathetic to anything a tenant wants.   We simply hand our residents a form letter that says that the information they have provided does not meet the requirements of a service animal.  If they want to keep the animal, they have to pay pet rent.  If the breed does not meet the lease requirements, it is a lease violation to keep it on the property.  I would NOT get into a lot of discussion about the validity of that site or anything else they have said or done.
  • Colorado Springs, CO · Member since 2014 · 57 posts · 48 votes
    4y

    Geri the first thing you need to do is understand the tenant/landlord laws you are governed by, or get yourself a good attorney. Or even better - both. Then you and/or your attorney can create an exit plan. Do not go shooting in the dark or more than likely you will end up shooting yourself.

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    4y

    wow, the very first thing I would do is talk to an attorney. This is a person with a disability and you are talking about evicting her and asking people here how to do it???  good way to get sued IMHO.....  call your attorney and discuss with them.  This is not a situation where you want top make any errors. 

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    @Mary M. people with disabilities are not immune from abiding by the contract. If she has an unauthorized animal, unauthorized occupants, and is smoking in the home, she can be evicted.

    @Geri May you should take an honest look at how you're performing as a Landlord. You make the statement, "I feel like my hands are tied..." but the truth is you have plenty of things to act on and just don't know how to do it. Some examples:

    • Service animal registrations are not real. It's a way for people to "register" their dog and buy certificates, vests, and ID cards that make the animal look legit when it's not;
    • A Service Dog would be trained at the point of purchase and this one is not;
    • You can't discriminate against Service Animals or Emotional Support Animals, but you are allowed to establish rules like no barking and annoying the neighbors, keeping the animal leashed when outside or in common areas, picking up after it immediately, preventing it from damaging the property, etc. This animal's behavior is grounds for having it removed;
    • Smoking should be forbidden per your lease. Even if marijuana is legal in your state, smoking in your rental can - and should be - a violation and grounds for termination.

    There's plenty more. The truth is, you don't understand the law or how to handle problems. This should be a clear indication that you need help. A good property manager catches people like this when they apply. They know the law. They have policies in place that enable them to act quickly and professionally to prevent the problem from growing. And they understand the market better and can typically get a higher rent rate, often high enough to cover their costs.

    I really recommend you hire someone before you make a mistake that costs you thousands - or tens of thousands - in losses.

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    • Geri MayPro Member
      OP
      Rental Property Investor · Boise, ID · Member since 2019 · 60 posts · 13 votes
      4y

      @Tim Miller have you used the pet screening site before? I did a little research on it and heard they are asking questions that they cannot legally ask or denying things they cannot. I don't want to find myself in court over denying a service animal. I am in the process up setting up an inspection for all the units. Can I tell her I am uncomfortable with the site she used, usaservicedogregistration.com? It does say dog on the url; however, her doctor note says service animal. The doctor note does not have his license number, can I legally ask for this? Also, thank you for the information on the means of payment, which one do you use? I too believe she is taking me for a ride, I just want to have documentation, she is the kind that will take me to court and if I don't have documentation and lie, I don't want to lose after the money I will dish out.  Her lease is up in August with notification to renew or not renew in July.

      @Greg Scott I too think it is not a legal site, we called them last week and were not happy with how things are handled. Can I tell her I am going to be sending a site to register her animal through? Do you know anything about petscreening.com? How do I know if her doctor has a license, sorry new to all this!  Can I legally ask her for his license number? Do you have that letter, and does it list the requirements of a service animal? 

      @Joey Wharton I am exactly afraid of that!

      Thank you all for your advice, I really would like to go a different route but with no physical proof of weed smoking, number of adults living there, and no video of aggressive dog I feel my hands are tied. So frustrating!

    • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
      4y

      @Nathan Gesner My point is that in this situation she needs help. She may be able to evict, but  given that the tenant is disabled is not the time to do a "self eviction" 

      I also want to comment that PMs would of not allowed this to happen. This is not true. My worst tenant ever was in a building I bought and allowed to move in by a PM. The PM completely missed the evictions and BKs that the tenant has.  This tenant did not pay rent for 9 months (thankfully i got the rent paid via the feds) destroyed a brand new apartment and will cost me thousands of $$ to repair. Soooooo PMs are not the solution - good screening is. 

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