oral lease on inherited tenant with attack dog, please help

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oral lease on inherited tenant with attack dog, please help

Mark UpdegraffBusiness Member
Real Estate Broker · Rochester, NY · Member since 2010 · 1k+ posts · 685 votes

There is no written lease. I purchased the home with her in it already. I found out about an attack dog through a letter from a neighbor. There was also an attack by the dog on a neighbor either right before or right after I closed the property. I want the dog out. She has told me she will not get rid of it. Can I do a 5 day notice to quit, or do I have to give her 30 days notice to vacate? What about the dog? Can I demand it be removed from the premises?

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Greg B.
Homeowner · Burleson, TX · Member since 2008 · 756 posts · 376 votes
15y

First, check local/state laws and ordinances.

How long have you been collecting rent from her? At the beginning I would say you had no agreement with her and you should have provided a written agreement with your terms. If you have collected rent then I would say that you have set a precedent and now you have an agreement.

Was the dog attack reported to the police? If the police know of the dog and it is vicious, seems it could be removed immediately. If it's not vicious then it will go when you give her 30 days to move out.

5 day notice is to pay rent or quit. Not sure it applies to the dog.

You are probably at risk of loosing your liability insurance on the property with a dog like that.

I would say give her the 30 days and get her out.

How did you miss an attack dog when you were checking out the property?

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  • Greg B.
    Homeowner · Burleson, TX · Member since 2008 · 756 posts · 376 votes
    15y

    First, check local/state laws and ordinances.

    How long have you been collecting rent from her? At the beginning I would say you had no agreement with her and you should have provided a written agreement with your terms. If you have collected rent then I would say that you have set a precedent and now you have an agreement.

    Was the dog attack reported to the police? If the police know of the dog and it is vicious, seems it could be removed immediately. If it's not vicious then it will go when you give her 30 days to move out.

    5 day notice is to pay rent or quit. Not sure it applies to the dog.

    You are probably at risk of loosing your liability insurance on the property with a dog like that.

    I would say give her the 30 days and get her out.

    How did you miss an attack dog when you were checking out the property?

    2Reply
  • Account Closed
    Landlord · Seattle, WA · Member since 2010 · 3k+ posts · 1k+ votes
    15y

    Sounds like you will have to do the 30 day notice unless there is reason for a 5 day. Definitely review your state and local landlord tenant laws.

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  • Mark UpdegraffBusiness Member
    OP
    Real Estate Broker · Rochester, NY · Member since 2010 · 1k+ posts · 685 votes
    15y

    They had an illegal tenant remove the dog when I was inspecting the house. The police were involved in the bite incident. The woman gets housing assistance and I've collected 1 months rent. Her 1st month rent was never paid, and according to the sellers attorney, she (the attorney) was paid $500 which I still have not seen. I've been pinging my attorney for 2 months to get it, but still nothing. I may just send out the 5 day notice to quit based on the non payment of the first months rent. IMO I shouldn't have to track down the $500, they should. What a mess!

    Thanks guys!
    Mark

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  • James GefkePro Member
    Investor · Milwaukee, WI · Member since 2010 · 42 posts · 25 votes
    15y

    The definitive answer is to check your states landlord/tenant law.

    In my state (WI) your situation would fall under a periodic or month-to-month tenancy from what you described. The landlord can simply give a 30-day written notice ending the month-to-month agreement and you do not have to cite a reason why.

    This works both ways. The tenant can also end the month-to-month agreement giving 30-day written notice to the landlord.

    It sounds like you just want this tenant out so review the laws in your state and see what your options are.

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  • Mark UpdegraffBusiness Member
    OP
    Real Estate Broker · Rochester, NY · Member since 2010 · 1k+ posts · 685 votes
    15y

    Thanks James,
    I've already sent the 30 day notice. I'm just a little nervous with the dog being there for the 30 days. Not to mention I'm 99% positive this tenant will hold over, forcing me to evict, and keeping her and the dog in the house for at least another 45 days. I'm assuming if there is another incident, and the victim chooses to sue, I will likely be included in the lawsuit.

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    Updegraff Group Realty4.745 Reviews
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