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Updated over 6 years ago,

User Stats

413
Posts
291
Votes
Greg Gaudet
Pro Member
  • Investor
  • Pukalani, HI
291
Votes |
413
Posts

Tenant has a dog in violation of lease

Greg Gaudet
Pro Member
  • Investor
  • Pukalani, HI
Posted

Looking for input from those landlords that have had similar issues, or just anyone that is very familiar with landlord - tenant laws, specifically in Hawaii.

My tenant moved in July 1st. HUD pays most of his rent, he only pays about $100. He's had a couple minor repair issues, and each time he has been very strange when trying to schedule (according to my appliance repair guy).

Then this month he missed his portion of the rent for the first time. He has a 5 day grace period according to our lease before he gets a $50 late fee. So on 10/5 I dropped by to deliver his "5 day notice to pay or vacate". When I knocked on the door I heard a dog bark, then people shushing the dog and scurrying around. 

Our lease says "except in accordance with Hawaii law regarding service animals and other classified animals, tenant may not bring pets or have guest bring pets into the unit without prior written consent by the landlord". 

Once he opened the door I served his notice and asked for an update on when he would pay. He said 10/6. And I reminded him the unit is no pets, and that I know there's a dog here. He said it's his gf's service animal (gf isn't on the lease, but I suspect is living there too). So I said then I need that documentation. He agreed to send it to me right away and to send the rent by the next day. 

Well the next day is over, I texted him a reminder, and he ignored it. Although he did send an email shortly after I texted him, copying HUD, citing the Hawaii law that a landlord must provide 2 days notice before entering. (because I texted him last week saying I need to do a walk through this week since it's been 3 months, then today I added in my text that I was going to try to do my walk through tomorrow). That showed me he's trying to twist the system and use it against me, because he knows that I gave him notice a week ago.

SO now I need to decide how to proceed. I'm planning to ask him to talk, and sit down and chat with him and see if we can't just be grown ups and clear things up. But I have a feeling this guy is trouble and always will be, so I'm hoping that we can both just agree to terminate the lease... I'm just so thankful that it's HUD rental, and I know I can still cashflow even if he doesn't pay and I have to go through a drawn out eviction!

Anyone have input? Thoughts/suggestions? 

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