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All Forum Posts by: James Kirby

James Kirby has started 11 posts and replied 53 times.

Thank you everyone for your responses. I have read through all of them and have thoroughly done some investigation on my rights as a property owner and here is what I have decided to do and it may possibly help others out in the future (Granted some of this is a result of your amazing knowledge and advice, so thank you!):
1. I wrote a letter back to the tenant in response to the Therapists' ESA letter explaining that the decision to revoke the old Pet Addendum was based on the violations of the agreement and not due to not allowing approved pets/animals on/in the premises. This letter listed out the numbered out rules that were violated and the ways in which they were violated. I also pointed out a continued violation of keeping the pet/animal after the revoked pet addendum and a "No Pets" lease. This allowed me to explain my side of the story in writing to the tenant and also explain to them that I have held up to my side of making Reasonable Accommodations and that due to the violations it is putting financial stress on the company as well as an administrative burden due to the documentation and serving of notices. You know, Cover your assets. 
However, due to the tenants' lease being up soon and not being worth the eviction process I have decided to give them a second chance based on some of your recommendations.

A. The tenant must create a pet profile through petscreening.com which does include my pet addendum rules.

This was a great idea as it allows me to still obtain all of the information that I need as well as having the Tenant agree to the Rules set forth in order to keep said pet/animal. This also allows you to filter out those that are not wanting a pet as badly as they thought and could help out potential landlords in the future. I just hope that it knows to rate the dog and owner separately as these issues seem to be more so due to bad pet parenting and shouldn't follow the pet/animal.

Now waiting to see how it pans out. 

Thanks again for the advice and passion you all show.

@Felipe Pereira that is what I am concerned about is how this can be flipped back on me. His lease is up next month but it's the point of having him (or anyone) walk all over me the property owner when I tried to do what was right. Sometimes the rules are against us and it really makes it hard to want to fight the fight. 

Originally posted by @Filipe Pereira:

You need to allow the tenant to have an ESA, but that doesn't mean that the dog can cause a nuisance to you and the other tenants. I'd imagine that your state still allows for one's "quiet enjoyment" of where they live, and this sounds like it is anything but. 

Unfortunately, ESA for some means "my animal can do whatever it wants and I don't have to care". Obviously there is a strong sense of entitlement here, and you have the pleasure of getting to deal with it. 

Personally I would try to evict for reasons not related to the dog, if possible. I'd bet the tenant will do everything they can to frame this as retaliation so I would avoid that route if possible.  

Great advice @Anna Sagatelova.

Yes I have a text to this individual asking to keep the mess cleaned up as it was not. Then I have also served them with a 3 day waste, 3 day neausance, and 3 day breaking lease. 

today he has another dog in the unit and neither on leashes when they are out. I appreciate the help and advice. I am contacting an attorney. 

Hello all, 

i have a tenant that has a dog that was on a Pet Addendum. However, after a few issues with not having the dog on a leash, dog waste not being cleaned up, and the tenant against my permission putting up an outdoor dogrun and leaving the dog out barking at night (tenant complaint), I revoked the Pet Addendum. Well, said tenant now has a doctors note stating that this is an emotional support animal. 

this tenant has been served 3 days on the following:

Waste not cleaning up waste. 

Neusance dog barking all hours of the night. 

breaking lease due to putting up the dog run on property and not keeping pet on leash.  

Do I need to allow this tenant to have a Pet even after they have broken all rules and had this revoked?

Thanks in advance for your time and advice. 

Originally posted by @Caleb Heimsoth:

@James Kirby just delay closing until they leave or put it in your contract that one of them is out before closing. If this was a house hack, that contingency should have been in there regardless

This is what I will have to do. This just puts me in a bad spot as I am living in a hotel until this closes which costs me a lot more money. I was just hoping that there was something else out there that would get us there a little quicker. 

Thank you for the advice. 

Originally posted by @Theresa Harris:

If the seller gave you wrong information, get them to do the cash for keys offer explaining that you can't close unless the tenant is out as you need to move in within 60 days of closing.

It's looking like this may be my only recourse :(   thank you!

Originally posted by @Mary M.:

I know you know now, but you shouldof gotten copies of all leases during due dilligence..... were you able to get all the relevant utility etc info? I would be concerned you are missing other info.  

And yes, you can evict to move into a unit in most places. 

Mary,

      I asked about all utilities but never received anything other than costs of water/sewer/trash. I am hoping that it is all that I needed. What exactly should I have asked for? I believe I am in a pretty good position to hold this against them on my closing and if not I will just not close the deal and eat the money vs getting into something too nasty with them. Although as mentioned before it puts me in a bind as I sold my house in order to purchase this place and I am not in a good spot right now.

Thanks,

Originally posted by @Dominique Palmer:

Believe its called an "Owner Move-in" eviction. You may not want to do it but it's an option.

Thank you Dominique. I need to figure something out. I had 2 units that I was looking to clear out soon so that I could fix the one up as it's in desperate need of repairs and maintenance and the other let's just say is tenants that most would not lease to. I guess time will allow those to happen but I do need to live there. Thanks for the information.

Originally posted by @Taylor L.:

This is a situation where I'd start by talking to the lender and see what suffices for them. Any agreement with the seller should absolutely be in writing. Can your broker provide any guidance on what documentation you'll need to evict in case the tenants do not move out? They should hopefully have some experience with cash for keys

I will double-check with them, I am certain that they would have information on what I would need. This all just happened today and caught me off guard. I am really disturbed with it, just due to the plain out purposefully giving me incorrect information. At this time the only thing that I have found is:
I can sue them (I dont want to as I feel like that would cost more than it would be worth) 
They can do cash for keys if any of them will work it out with them
Or I am stuck without the place which puts me in a bind because I sold my old place to purchase this one

Thanks for the information. 

Originally posted by @Theresa Harris:

@James Kirby  When are the 6 month leases up?  Have the owner do cash for keys or delay the closing as you need to move in within 4 months.

The earliest one is up in April. However, I think I need to be in a unit with 60 days of closing. I was thinking about the cash for keys but, not sure what kind of verbiage would need to be on it in order for it to hold up for me if I was to sign before the tenant was to move out.