How to raise rent when in lease

[Ali BenAyed]

I offered a 4 year lease which has 2 years left and now I’m trying to get out of it with the least of problems. The tenant is excellent, they pay on time and keep the house in a good condition, except that I suspect they recently added a 2nd dog when the lease agreement has only 1 dog. The current lease is $1330/month including the 1 dog rent and similar units are getting rented for up to $1600/month for a more renovated unit and a pet rent of $50/month per pet. The lease agreement has a mistake in its phrasing that could be void the contract. Although I still need to consult with an expert in contract laws but the contract can be voided for having 2 contradicting phrases. And I don’t have prove the tenant has 2 dogs, but I can have witnesses who saw them and social media stories. I’m not sure how to proceed. Any ideas how to be able to increase rent?

[Greg M.]

You don't need an expert in contract law, you just need common sense. No judge is going to void a lease two years into it for a phrasing mistake. Since this was YOUR lease and YOU had control over the wording, every single thing that is unclear or contradictory will be ruled in favor of the tenant. That is just common practice. 

As for the second dog, you can try to get an eviction based on that or try to negotiate increased rent, but it's probably a lost cause. Five minutes of time and the dog becomes an ESA and you're screwed and have previously good tenants that are now unhappy with you. 

Next time you're crazy enough to offer a four year lease, build in annual rent increases.