oral lease on inherited tenant with attack dog, please help

[Mark Updegraff]

There is no written lease. I purchased the home with her in it already. I found out about an attack dog through a letter from a neighbor. There was also an attack by the dog on a neighbor either right before or right after I closed the property. I want the dog out. She has told me she will not get rid of it. Can I do a 5 day notice to quit, or do I have to give her 30 days notice to vacate? What about the dog? Can I demand it be removed from the premises?

[Greg B.]

First, check local/state laws and ordinances.

How long have you been collecting rent from her? At the beginning I would say you had no agreement with her and you should have provided a written agreement with your terms. If you have collected rent then I would say that you have set a precedent and now you have an agreement.

Was the dog attack reported to the police? If the police know of the dog and it is vicious, seems it could be removed immediately. If it's not vicious then it will go when you give her 30 days to move out.

5 day notice is to pay rent or quit. Not sure it applies to the dog.

You are probably at risk of loosing your liability insurance on the property with a dog like that.

I would say give her the 30 days and get her out.

How did you miss an attack dog when you were checking out the property?