Well I thought I was having a great day. Two hours ago a tenant who lives in an upper in my nicest duplex sent a long text.

The downstairs tenant got a dog about 1 to 2 months ago. It runs all over unrestrained and chews up the outdoor furniture on their side of porch. Defecates where it wants. Jumps on them and scratches them and talking to the neighbors does nothing as they don't seem to care.

I called him. He said dog scares them. It is a pitbull and they also have a rabbit and a hamster. They sent a pic and it looks like a pitbull mix. His wife said they told her it was a pit /retriever mix.

Downstairs tenant has been decent to date. He has been there two years, keeps place nice. Has to pay late fees about every other month, but always pays by 5th and he moved his girlfriend in this year.

OK! So I send a text to the bad boy:

PLEASE TELL ME ABOUT THE DOG

And I sent a picture of the no pets clause in his Lease. No pet sitting. Must immediately get rid of dog or get out. No pitt bulls or mixes or other aggressive breeds, etc.

He send back "I am pet sitting for my brother and will be done in about 2 weeks."(This is a lie. Both upper neighbors and side neighbors state he has been claiming it's his dog)

Me: Read first sentence of no pet clause. Pet sitting for others is not allowed and it breaches your Lease.

Him: I did not know. I am sorry But, I will try to get someone else to pet sit.(Lie. The reason we did not know sooner is he has been hiding dog knowing he was bad. Earlier this month he did not want my handyman to come into the unit to replace an aerator. Now I know why)

Me: Read the Lease copy I just sent. It is very clear.

Him: I have not read the Lease for 2 years. If I breached the contract it wasn't intentional. I'll do what I can to get rid of the dog ASAP.

Me: Do That, meanwhile I have your Lease Termination Notice in hand.

Then he calls me. Says he has been a good tenant and he did not know I cared that much about such a minor thing.(NOW, I AM steaming). I set him straight, I care a lot and he just blew his good tenant status for good as well. So I asked him the breed and he says retriever/husky(Another Lie, he has been telling people it's a pit /retriever mix)

So, I have Termination Notice ready to go and dated tomorrow. Hopefully, I might be a little more controlled when I deliver it.

I hate those who lie to me. I would not be surprised if the idiot tries to claim it's an ESA.

Would you terminate immediately too? I figure September will be a great month to re-rent his unit. Thanks for reading the vent.

Lana,

Indiana law is 10 days to Cure or Quit.

My lease is clear: unauthorized animals are fined $350 plus $35 per month retroactive to the beginning of the lease.

So I offer that if they remove the animal within 48 hours I’ll waive the fine.

There must be a financial hit (pain) and a specific deadline for them to take action.

Renters are like kids. They don’t realize what they are doing, do dumb stuff, test is by pushing the boundaries, and lie (I did not eat the cookies). It’s normal.

When he fell in love with that cute puppy licking his cheek he was not thinking about his lease. An emotional decision.

Sure, backed into a corner he’ll lie to defend himself.

I would not terminate if he cooperates, follows the rules by removing the dog.

Also, inspect and bill for damage once the dog is gone.

BRAD

Just a thought, when my downstairs tenant lost their 14 year old Pit, they decided to get a puppy. From a old tame Pit to an energetic little terrier. My upstairs tenant cold no longer enjoy the common area back yard, so they gave me 90 days notice, deal with the dog or they will move.

I did an inspection and realized if my upstairs tenant moved after their 7 year tenancy, it was going to cost me a pretty penny to fix the place up. Something around $12,000 including a new kitchen, flooring, painting, blinds and appliances -- doing most of the work myself.

So I had my attorney friend send the downstairs tenant a letter. Because of their disregard for my upstairs tenants right or peaceful enjoyment of their rental and back yard, I'm going to hold the dog owners responsible for "LOST RENT"!. One month to fix the place up and one month to find a new tenant -- around $3,000.

So they can either train the dog, get rid of it or move!

So for the first time the downstairs tenant had a meaningful conversation with the upstairs tenant. It was agreed that the dog owner would go to obedience class and train the dog to be less aggressive and behave. They will pick up after the dog and share the common back yard. The dog can have the back yard Monday thru Friday and the upstairs will have the back yard on the weekends.

I was asked if I knew of a dog trainer in the area, North Hollywood. I said yes, Caesar Milan had a pilot office only half a mile from this property. And another dog trainer had classes every Sunday at a local park.

Remember that even a ESA must be well behaved and not cause any problems for other tenants or Landlord or workers. If doggie isn't nice, you can toss them out or force them to get rid of the dog.

Hope this helps you all;

How do you prove your dog is a service dog?

Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability. Service dogs can help people with depression, anxiety, and post-traumatic stress disorder (PTSD). To be recognized as a service dog under the Americans with Disability Act (ADA), the tasks a dog has been trained for must be tied to a person's disability.

What's The Difference Between Service, Therapy & Emotional Support Dogs? A service dog is trained to help people with disabilities, such as visual impairments, mental illnesses, seizure disorders, diabetes, etc. ... An emotional support animal (ESA) provide their owners with therapeutic benefits through companionship.Feb 17, 2021

Training Needed: The following commands and controls are for “On-Leash” service dogs only:

Commands: Commands may be given to the service dog verbally, via hand signals, or a combination of both.

CONTROLLED UNLOAD OUT OF A VEHICLE: 

The service dog must wait until released before coming out of the vehicle. Once outside, it must wait quietly unless otherwise instructed by the Individual. The service dog may not run around, be off lead, or ignore commands. Essentially, the service dog should be unobtrusive and unloaded in the safest manner possible.

APPROACHING A BUILDING: 

After unloading, the service dog should stay in a relative heel position and not forge ahead or lag behind. The service dog should not display a fear of cars or traffic noises and must display a relaxed attitude. When you stop for any reason, the service dog should also stop.

CONTROLLED ENTRY THROUGH A DOORWAY: 

Upon entering a building, the service dog should not wander off or seek attention from the public. The service animal should wait quietly until you are fully inside, and then should calmly walk beside you. The service dog must not pull or strain against the lead or try to push its way past the individual but should wait patiently while entry is completed.

HEELING THROUGH A BUILDING: 

Once inside a building, you and your service dog should be able to walk through the area in a controlled manner. The service dog should always be within touching distance where applicable or no greater than a foot away from you. The service dog should not seek public attention or strain against the lead (except in cases where the service dog may be pulling your wheelchair, if applicable). The service dog should readily adjust to speed changes, turn corners promptly, and travel through a crowded area without interacting with the public. In tight quarters, such as store aisles, the service dog must be able to get out of the way of obstacles and not destroy merchandise by knocking it over or by playing with it.

SIX FOOT RECALL ON LEAD: 

You should be able to sit your dog, leave it, travel six feet, then turn and call the service dog to you. The service dog should respond promptly and not stop to solicit attention from the public or ignore the command. The service dog should come close enough to you to be readily touched. The recall should be smooth and deliberate without your service dog trudging to you or taking any detours along the way.

SITS ON COMMAND: 

Your service dog must respond promptly each time you give it a sit command, with no more than two commands with no extraordinary gestures.

DOWNS ON COMMAND: 

After your service dog follows the down command, food should be dropped on the floor. Your service dog should not break the down to go for the food or sniff at the food. You may give verbal and physical corrections to maintain the down, but without any extraordinary gestures. The second down will be executed, and then an adult and child should approach your dog. The service dog should maintain the down and not solicit attention. If the child pets the dog, the service animal must behave appropriately and not break the stay. The individual may give verbal and physical corrections if the service dog begins to break the stay.

NOISE DISTRACTION: 

Your service dog may acknowledge nearby noises, but may not in any way show aggression or fear. A normal startle reaction is fine (the service dog may jump and or turn), but the service dog should quickly recover and continue along on the heel. The service dog should not become aggressive, begin shaking, etc.

RESTAURANT: 

While seated at a dining table (restaurant or other suitably alternative location), your service dog should go under the table or, if size prevents that, stay close by the individual. If the service dog is a very small breed and is placed on the seat beside you, it must lie down. The service dog must sit or lie down and may move a bit for comfort during the meal, but should not be up and down a lot or need a lot of correction or reminding.

OFF LEASH: 

While your service dog is on the leash, drop the leash while moving so it is apparent to the dog. You should be able to maintain control of the service dog and get the leash back in its appropriate position. This exercise will vary greatly depending on your disability. The main concern is that the service dog be aware that the leash is dropped and that the person is able to maintain control of the dog and get the leash back into proper position.

CONTROLLED UNIT: 

Good list, Vee!!

Those and more are all things I had to PROVE with Scooter. I have to maintain that training. It is a lot of work.

Note that an ESA doesn't have any special training, but should still be non-distructive and house-broken, and the tenant should keep the yard cleaned up of any elimination.

Hold strong, Lana!

I agree, great list Vee and I will copy it. He does not have any way to claim after the fact and after proof of destructive behavior that he can claim ESA. His Lease is month to month, so I always can do what my original plan was....Terminate his Lease with no reason listed. Jason, I do not like to argue with tenants either, but I do not blow up when mad and I allowed no argument, and he needed an immediate knock down.

Good to hear that you are on this.