Tenant has a dog in violation of lease

General Landlording & Rental Properties
7yFollow

Tenant has a dog in violation of lease

Greg GaudetPro Member
Investor · Pukalani, HI · Member since 2017 · 413 posts · 291 votes

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? 

Podcast Guest on Show #385
1Reply
19 views

Most Popular Reply

Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
7y

He's lied to you many times yet you continue to believe the next one. You don't need to explain anything to him or warn him or threaten him. He won't care and he won't change. Stop talking and start acting like a business.

Start the eviction process immediately. I would also report him to HUD to ensure he loses his benefit and doesn't do this to the next landlord.

The DIY Landlord Book4.7248 Reviews
WebsiteView Page
4Reply
See this reply in the discussion

8 Replies

Jump to latestLatest
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    7y

    Your are wasting your time talking. He is obviously hiding the facts and talking will not change that. Learn your regulations and issue a cure or vacate notice..terminate him for lease violation and notify his handler immediatly. Once the legal process is started then you can talk to him if you wish.

    2Reply
  • Dennis M.
    Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    7y

    I'd be sure he understands he is in clear violation of the agreement and that losing his section 8 HUD voucher is a real possibility if the circumstances are not in his favor . If he continues call HUD . A lot of people don't like renting to assistance tenants but there is a benefit and that's the ability to call them up and use it against him . For most of these people the prospect of having to actually go out and work everyday to pay bills like the rest of us is a terryifing idea . Even if it works out and he straightens up I'd find a way in the near future to rid yourself of this idiot

    1Reply
  • James Syed
    Real Estate Broker · Mount Olive, IL · Member since 2013 · 1k+ posts · 310 votes
    7y

    Welcome to BP. 

    I recently had to evict a tenant. He was late every month, his gf moved in with him along with her 5 kids and lately he became hostile towards me. 

    I tried taking to him. It didn’t work. 

    I agree with one of the Members comment, you have to be clear what the state law is and what the lease says. 

    You served him a 5 day notice, if you haven’t received the rent in 5 days, start eviction process. 

    Hope it helps. 

    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y

    He's lied to you many times yet you continue to believe the next one. You don't need to explain anything to him or warn him or threaten him. He won't care and he won't change. Stop talking and start acting like a business.

    Start the eviction process immediately. I would also report him to HUD to ensure he loses his benefit and doesn't do this to the next landlord.

    The DIY Landlord Book4.7248 Reviews
    WebsiteView Page
    4Reply
  • Caleb Heimsoth
    Rental Property Investor · Durham, NC · Member since 2016 · 7k+ posts · 7k+ votes
    7y
    @Greg Gaudet time to start the eviction process like yesterday
    1Reply
  • Brian Garlington
    Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes
    7y

    @Greg Gaudet

    Get him out of there......the cool thing about Section 8 is that you will have a ton of potential tenants lining up to get into your place once he is gone so your rental will not be vacant very long.  I have Section 8 tenants in Ca and Oh, and there is no way I would put up with that.

    1Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    7y

    "For most of these people the prospect of having to actually go out and work everyday to pay bills like the rest of us is a"

    This isn't fair, do you realise how hard they have to work to be long term leaches. They are required to muster a little bit of effort to con the system. It is not a easy as many seem to think to work at being a failure in life and yet instill th esame desire in their kids to grow up and work for the government like mom and dad.

    0Reply
  • Greg GaudetPro Member
    OP
    Investor · Pukalani, HI · Member since 2017 · 413 posts · 291 votes
    7y

    Thanks for the input. A couple things to note - I cannot start the eviction process until Thursday (after the expiration of the 5 day notice pay or vacate). But come Thursday if he hasn't provided the documentation on the "service animal" AND paid the past due $115 of rent then I will absolutely be filing for eviction. 

    But based on his comment accusing me of being in breach of the lease, I suspect he may be trying to find his own way out of the lease... which would be great, it could save me the time and expense of going through an eviction. So my reason for wanting to talk to him is just to find out if he really is trying to get out of the lease, and if he is then we can agree in writing to cancel the lease and that's a win-win. May be unlikely but it's worth checking into while I wait for the 5 days notice to expire. 

    I do agree with a lot of the statements about how there are a lot of people that use the system so they don't have to work like the rest of us. (Heck, one of the reasons I take HUD is because I'm paying those people's rent through my tax dollars anyway, I might as well benefit from the cash flow of the taxes I'm paying!) But because of some of the things I've been through in my life (I went through some very dark times and was able to recover, mostly because people gave me a chance) I also try to give everyone the benefit of the doubt. While this guy is showing himself to be a stereotypical d-bag leach, there are also many people on HUD because they had an accident after working their whole lives and lost their life savings to hospital bills, etc. (just to give one example).

    @Brian Garlington We have the same thing here on Maui... there are tons and tons of tenants with HUD vouchers searching for landlords that will accept them, but most landlords are too scared to deal with them. And HUD just issued hundreds of new vouchers here, so anytime I post my rentals I get dozens of people begging to be chosen. You're absolutely right, I could have the place re-rented in a matter of days. What really blows my mind is this guy's entitlement... he should be so grateful that HUD pays his rent and that he's one of the few HUD tenants that actually found a landlord to accept his voucher, but instead he wants to accuse me of breaching the contract and tell me I don't have a right to do a quarterly inspection of my property after he stopped paying his rent and lied about having a dog! lol Some people....

    Podcast Guest on Show #385
    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free