Shall I enforce HOA and Pet violation fines mentioned in lease?

[Manny K.]

Rented out a condo 3 months ago. Tenant turns out to be a chronic liar/rule breaker. Second month's rent was late (eventually paid with late fee only AFTER I served a notice). A pet dog was found while I was there to serve pay-or-quit notice. Lease says NO Pets - and I can fine $150 per pet violation incident. I served another "cure-or-quit" notice -- BUT let him away with a warning (instead of fine) and promise to remove dog within 7 days. He claimed dog is gone and I didnt see it when I visited again. NOW, last week HOA sent a letter saying tenant is walking dog without leash and neighbor complained of late night noise/nuisance. Lease allows for $50 "fine" each time landlord has to be involved in resolving HOA violations and also allows for pass-through of any HOA fines. So, the question is -- what is the best strategy to enforce and resolve such issues? Send a notice and actually enforce the $150 pet violation and $50 HOA violation fines? I feel soft "warnings" do not mean much with this tenant. What happens if tenant denies any wrong-doing... or ignores/refuses to pay (asking for proof etc)?

[Bettina F.]

Post a cure or quit with the time line specified in your state laws. Follow up with an inspection to make sure that the tenant complies. Decide what you will do if your tenant says that the dog was "just visiting" (they all say that) but is now gone. Pass through your HOA fines and charge the tenant with a deadline to pay. Give them a copy of the HOA notice.

You have a decision to make.   You have to decide what kind of LL you are going to be.  Are you going to be in charge or not?  Are you going to be raising rents each year, or let your tenants "slide" in the hopes that they like you?  Are you going to inspect, enforce rules, and maintain your properties or let them gradually disintegrate into slums?  Are you going to snap photos with your phone so you have "evidence" or pretend that you do not see the dog dishes and dog when inspecting your unit?  Are you going to enforce on-time rent payments or let the tenant get so far behind they can never catch up?

Early on, we chose NOT to be afraid of tenants, vacancies or lost rents.  I have evicted, rehabbed and rented apartments  in the dead of winter (in Northern Idaho).  I learned not to do favors for tenants, because it usually  comes back to bite you in the rear.  I have a clear set of rules, and go over them with prospects before renting the apartment.  I tell them not to rent from me if they can't live with the rules because it will not end well.  I only rent to adults who have freely agreed to the rental agreement which is a two way contract.  I do my part of the contract, and expect them to do their part. 

Now I have better tenants, higher rents, and love being a LL.  It took getting over the initial discomfort of enforcing our rental agreement.  It took growth on MY part.