Ending Tenant's Lease / Pet Issues

[Kevin Feltner]

Earlier this month, I renewed my tenant's lease. The renewal states...

"The LANDLORD and TENANT hereby agree to renew the Original Agreement for a further term of one year commencing on August 1, 2020 and ending on July 31, 2021."

Well, the tenant's dog has become an issue and now I don't want to renew the lease.  The original lease included the following clause...

"CHANGE OF TERMS: The terms and conditions of this agreement are subject to future change by Landlord with 60-day written notice setting forth such change and delivered to Tenant. Any changes are subject to laws in existence at the time of the notice of change Of terms."

I thought the tenant had the dog under control, as I had not received any noise complaints over the past few months. It seems the complaints had stopped because the downstairs owner had moved. I have received three warnings from the HOA (two more than I expected) and now the fines will start. The tenant's pet agreement states...

"Tenant shall not permit the pet to bark, howl or otherwise emit noises in such a level, frequency or time as to disturb others."

An additional clause states...

"FINES: Tenant is responsible for any fines assessed by the association as a result of his conduct. These include, but are not limited to, litter/trash violations and noise complaints. Should notice be received by Landlord regarding a violation of said rules and regulations, Landlord shall notify Tenant of said violation in writing. Tenant shall immediately pay Landlord $75.00 for initial cost of Landlord involvement in HOA warnings, violations or assessments. If Tenant fails to correct the violation within seven days of said notice, Tenant agrees to pay for the cost of Landlord resolving the problem (if it can be resolved), or Landlord may default the Lease and require the Tenant to vacate the Premises. If the association should fine Landlord for the actions, inactions, conduct or behavior of Tenant, or Tenant’s invitees or guests, for failure to comply with the rules and regulations of the community where Premises is located, Tenant agrees to pay fines within ten (10) days of notice by Landlord to Tenant plus a $75.00 fine (per violation) for Landlord’s involvement in the event. Failure to pay fines may result in a breach of this Lease."

I believe it may be in my best interest just to have the tenant move on. I feel that my  "change of terms" clause allows me to do this.

Thought?