Our tenant is breaking her lease

[Geri May]

I have a tenant that is breaking her lease, it has been reported to me by multiple sources, not only does she have a service dog that was approved but she has a second dog. It has been reported by her neighbors that her service dog is aggressive, when I asked her about this, she said the dog is in training. I am worried about starting the eviction process for a service dog; however, I have no problem going on the fact she has two dogs when the lease only says one. She is claiming she only has one dog there and the neighbors have only been able to get the photo of the one, approved, dog.  It has been reported by multiple people, our handyman as well as an appraiser that the service dog has to be moved from one room to another and that they cannot be near the dog because he protects her, so they have to step outside. I have neighbors that say they are afraid when the dog is outside. 

It has also been reported she has more than the number of people living on the property; however, she claims that is not true. When we discussed with her the number of cars parked on the cul-de-sac, she says it is the medical people that come and assist her throughout the day.  We have photos of vehicles there late at night and early morning. 

It has also been reported she, along with other adults are smoking weed on the premises; she assures us she is not.  I have told the neighbors if they smell it or see it happening out front, they need to call the police. 

I feel like my hands are tied, my husband and I want to write an addendum, what are your thoughts? We do not live in the area so it is hard to drive by; however, I can set up a walk through with a 24-hour notice.  I look forward to hearing from many of you and your experience and expert advice. 

On another note, I have heard taking rent via a bank deposit or Zelle is not the best way to accept rent because it automatically goes in. I have heard it is best to use Venmo or CashApp this way if you don't want to accept payment you don't have to. We also heard through Zelle and bank deposit they can deposit $1.00 and that since it is automatically accepted it could show you are accepting a partial payment, what are your thought on this and what do you all use?

Thanks for the help and have a blessed day! 

[Tim Herman]

@Geri May if the dog is aggressive it doesn't matter that it is a service dog. Here is an article addressing the ADA compliance. https://adata.org/faq/how-can-... Give a notice to cure and if they don't comply start the eviction process. Get your statements from the neighbors and your handyman to prepare for court. Are there other lease violations. Are they picking up the feces in the yard. Is the dog destroying anything in the house. I don't know what kind of addendum you would use to relieve your problems.