All Forum Posts by: Cali Skier

Thanks, that is what we are doing with an official letter on letterhead that we will send in an email.

Hey so I am going to switch some tenants to month to month and I think all I need to do is use our states Lease supplement form and say something like this:

The lease of the property on XXXXXX St. City State, is now month-to-month at a new monthly rate of $1,500 per month. All provisions of the original signed lease and all signed addendum shall remain in effect.

Am I doing that correctly or should we have them resign a new lease like the original.

Current lease has a Hold Over Tenancy Clause:  If Tenant holds over after the Expiration Date with the consent of Owner, the tenancy shall be from month to month only and not a renewal (unless there is an execution of a new written lease). Tenant agrees to pay rent and all other charges as herein provided, and to comply with all the terms and covenants of this Lease from the time that Tenant holds over.

Supplement Form:  Our supplement form basically has this line:  

This Supplement, which attaches to and is part of the Oklahoma Residential Lease Agreement between:  

The way it works is the landlord fills in the blanks for the parties and address and then you have several blanks for what you want to "supplement".  Then is says:  All the other terms and conditions of the Residential Lease shall remain the same

Thanks all for the input and advice.  We are pretty sure they have a rabbit, and probably have a dog in the house,  but the inside of the house is well taken care of and did not see any real evidence other than cages in the attic and an empty dog food bag in the neighbors yard that has been vacant for months. I think we will eventually address the dog issue when we month to month and see if there are any further concerns.  

I have a tenant that we believe is hiding a dog.  They gave the visiting dog excuse.   We have a coach that operates several properties in California and they suggested that IF we allow them to stay, its month to month, and we make them sign a waiver for me to give 24 hour notice.

I am ok to do that but I am concerned that because state law requires 24 hour notice for everything but emergencies, a signed waiver would not hold in court.  

Oklahoma Landlord and Tenant Act:  "the landlord shall give the tenant at least one (1) day’s notice of his intent to enter and may enter only at reasonable times."

Few questions...

1.  Can a pit bull be considered an Emotional Support Dog

2.  Is this enough evidence for the courts for whatever:  Photos of feces, chewed door, tons of paw prints, photo of a dog on a bedspread and another photo where you can see that bedspread in the house, but no dog

3.  Can I just not renew the lease for any reason?  Or can they take me to court and say I have to let them stay and sign a new lease.  This question comes from them saying WE HAVE NO DOG! Prove It!

We are inspecting the property sunday morning.

Nathan, I like your advice as well, that may be the way we go.  I need to look at Oklahoma law, I think if I hold back the deposit for the dog fee it would have to allign with what we usually do which is $100 not refundable and $200 is refundable less repairs.  Also if I am found in court to have withheld the deposit wrongly I have to pay either double or triple the amount.

We had been adviced that we really needed to see the dog or find a neighbor to say they have seen it or at least hear it.  Is the evidence I have (feces, chewed door, tons of paw prints, photo of a dog on a bedspread and another photo where you can see that bedspread in the house, but no dog) enough to hold up in court?

You guys are all so awesome... Julie "We have that one covered our lease too so hopefully you do as well."  Yes, we have that in our lease.  Rock on. 

Michele and Adam, I like the advice... I have looked more closely at the picture and did some of my own google sleuthing... i believe this is a pit bull puppy and my insurance will not cover this type of dog.   I don't think I have a choice but to not renew.   Like Michele said its a lot cheaper this close to the end of the lease to just not renew.  And I did think about them already being there, but sense it is a pit bull puppy I can't let them stay.  I just don't believe they will get rid of it, not with 4 kids.

Greg, thanks for your response, this is helping me think through it.  A couple of things I am thinking here...

1.  I see your point about the increase rent and the deposit in the same discussion is not a good plan

2. Getting rid of the dog... A couple of things at play here...

  A. I have to assume that hidden damage is done already.  I think I need to insist they pay the deposit if they wish to stay.

  B.  They have the 4 kids, I see them "getting rid of the dog" for a week or so and then brining it back, i don't want to chase that.

I think, taking your approach, I can do it cordially and tell them.  We need you to sign this pet addendum in the next 7 days and agree to pay $50 per month until xxxx is fully paid.  Because you have violated the lease, if we do not have the first $50 payment for January in 7 days we will use the courts to seek possession of the property 30 days from that 7th day.  I will have to learn how to do that (process an evection via the courts)  

They will try to make me prove they have a dog.  All I have is the feces, paw prints, outside door damage and a photo I found of the dog on a website that does not show the house but is a closeup of the dog on a bedspread that is in the house.  I don't know if this is enough proof.

First off, great forum, I really appreciate all the help we have received here.

Second, I am not emotional about this, its a business decision for me, I am in this to make money.

We have tenants that are renting our property, they pay on time and actually early every month.  The grass is always cut, they seam to be taking care of the place.  They are a nice family that is not married but has 4 kids.  They paid first and last months rent. We have a very nice house that we updated, painted and put in new laminate flooring.  We have not done an inspection yet but should have.  We got a call 5 months ago because they wanted a dog.  We told them $300-$500 deposit on top of the existing $1500 deposit.   They said they would not get one, we trusted them on this.  Well, we believe they have a dog because I was over there last weekend to check on something outside.  Lots of feces in the backyard grass, paw prints all over the back patio and the back door is a little chewed on.  

Lease is up April 1st.  Here is what I plan to do about it.  First, I believe I know what kind of dog it is, and if its that dog we would have accepted it.  I plan to do an inspection for smoke detectors this Thursday or Friday giving 24 hour notice.  I want to know if the property inside is well maintained.  I will walk through it and I assume the dog will not be there.  After the inspection is over AND I am happy with the care of the house I plan to politely address the dog in this matter.  We know there is a dog living or visiting this house and while it would have been better if you would have just told us, you have otherwise been good tenants.  We need to see a picture of the dog and we need a deposit in the amount of XXXXX.  If you would like to continue living in this house, we need you sign this new 1 year lease agreement starting April first at $75 more per month (5% increase) to bring you closer to market. We would except a payment of $50 a month to pay down the deposit for the dog.  The $50 goes away once you have paid the deposit.  If this is not acceptable to you, you have violated the lease and we will give you until March 1st to get out of the house. 

What do you think of this, I do not want them to pour concrete down my toilet.  The other option is to just tell them we know they have a dog, and because of that we are not renewing the lease after April first they must be out, and let them come up with their own solution because we know they do not want to move, they asked to renew the lease about 6 weeks ago.

Thanks in advance.