Our Tenants brought home a Baby Pit Bull

[Tyler N.]

Hello Bigger Pockets Community. Thank you in advance for your insight and discussion.

We are beginning Landlords and living in one of our investment properties (duplex). Our upstairs tenants decided to buy and bring home a baby pit bull.

They informed us about this last night, (coincidently my birthday). The baby pit is currently learning potty training on our wood floors upstairs.

Our current signed lease specifically mandates “Pets are not allowed” .
Under section 22 “Breach of Lease: In the event of Tenant’ breach of any term of this lease, Owner may pursue all remedies available at law, including but not limited to the following:

(ii) demand in writing that Tenant immediately or some specific future date, surrender the Premise to Owner and if Tenant fails to do so, Owner may bring an eviction action.

We would like to give them 1 week to vacate the premise, following eviction if necessary. Is this reasonable?

I know we should consult an attorney, but had crazy days at work, and feel we need to email and get letters posted by first thing in the morning.

We live in Minnesota, a consumer protection state.

Any insight by RE attorneys greatly appreciated.

My letter currently reads as follows:

Dear [Tenant]:

Last night, [Tenant] informed us you guys have and intend to keep a puppy/dog at the house/property.

Simply put, this is not allowed and breaches our lease agreement. We have had no conversations of a new puppy dog and will not allow it for several reasons including property damage, breed/pet aggressions (can increase our insurance and liability), and other.

Consequently, we are formally requiring you to vacate the premise within 7 days (property to be cleaned and vacated no later than Tuesday (March 20th, 9:00AM). On Tuesday, March 20th at 9:00 AM, we will plan to meet you outside the front door of your unit for a final walk-through and for the keys.

If the premise is still in use past Tuesday March 20th 9:00 AM, eviction proceedings will immediately begin. Our attorney will be handling this process, and please be advised fines of up to $100 per day may be assessed beginning Tuesday March 20th and each day thereafter you remain on the premise.

Furthermore eviction proceedings are very damaging to one’s credit, and very costly for both parties. We do not wish to pursue this route, but are prepared to if necessary. As said, we will not be handling this matter, but our attorney.

We write this not to be aggressive, but to be very clear, this is a serious matter for us, and are prepared to take legal action. Our requests are reasonable.

Sincerely, we are happy for your family, however this is a home we have worked very hard for – we are working to improve and take good care of the house, and pets can bring a lot of damage and headache. It is simply a risk we are not interested in taking and wish you guys would have talked to us about this before taking such an action.

To avoid any miscommunications and to remain as professional as possible, our lawyer will be speaking for us going forward. The March 20th 9:00 AM deadline is non-negotiable.

Thank you in advance your understanding and cooperation.

[Jon Holdman]

Way too much explanation. Your state should have some sort of "notice to cure" or "cure or quit" or some such notice. It would simply state that the tenant is supposed to correct the problem and give a deadline. Similar to a "pay or quit", but more general than just "pay".

Yet another reason I like month to month. You would simply give them notice the lease is terminated as of . No explanaiton needed. If they refuse to leave, you can evict them for refusing to leave. Avoids "it wasn't really our dog, we were just watching it, blah, blah, blah" kind of discussions with the judge.