Pet Violation

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  #1  
Old 02-14-07, 08:30 PM
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Pet Violation

New to being a landlord. My wife and I just purchased three duplexes in the state of Missouri for investments. All units were occupied when purchased with leases.
Upon taking possession, one renter, who had only been there one month under old management, decided that she could not live without her dog. It specifically states 'No Pets' in lease. What are my first steps? What type of documentation should I give these tenants to make life easier down the road? And were online can I get a copy? Someone mentioned that I need to serve them a "Notice to Perform", is this correct? Thx for helping.
 
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  #2  
Old 02-15-07, 04:58 AM
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Although someone may be familiar with landlord/tenant law in Missouri you would be taking a big risk in not also consulting a lawyer for this.
Although this is a diy site a mistake made in handling this could be very costly.

Let us know what else you might find.
 
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Old 02-15-07, 05:26 AM
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Greg is correct in that it seems the tenants have more rights than the owner. In my old rentals I would give them written notice to comply and if they didn't they got the eviction notice.

Your local clerk of courts or maybe online somewhere you should get your hands on rental laws and renters rights for your area.
 
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Old 02-15-07, 06:00 AM
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I agree with the other two posts. Just PLEASE do not do what a landlord once did to us. We made the honest mistake of getting another pet, which voilated our lease (it was not a mistake to get the pet, it was a mistake to violate the lease!). We wound up getting semi-threatening phone calls from the landlord saying things like "I am wondering if I should charge you a $1500 pet deposit or simply evict you with 48 hours notice. What do you think I should do?" and "You'll never find anyone who will take all those animals, you will have no where to live!" This occured the same week my mother died so it caused ALOT of undue stress on us. It was simple harrassment and the rental agent took our side, so she allowed us to break lease and move out. It wound up being a bad mark against the landlord in the rental agent's book. (And we found a great historic rental house that was leased by an animal lover - no pet deposit!)
 
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Old 02-15-07, 08:08 AM
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Evicitions and damage claims here almost always end up in small claims court. Can't remember who prints it, but we have a book outlining what you can and can't do when a tenant misbehaves. Might be worth checking with small claims in your county to see what info the have.
 
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Old 02-15-07, 02:33 PM
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first, you need to go to this link and read everything at that page.

Next, you need to read it all again (I'll stop with that but the point is, underrstand what the landlord tenant laws of Missouri are all about)


for your current situation, notice 441.030

Without reading the statutes any more than what I quickly perused, I would suspect you would need to send a cure or quit letter. That would be notice to either correct the problem (get rid of the dog) or intend on being evicted.

There may be a stautory requirement for a specific time period that you can impose before initiating eviction proceedings. If so, it would be on that page.

After that, it's up to you how you want to proceed.

But, as I stated in the beginning. LEARN the germane laws of your position.


edit: Itg looks like the link didn;t post. Let;s try that again

well, I seem to be having technical difficulties. I'll try again later




in the mean time here is another link to a gov website and a landlord tenant law in more laymans terms. http://www.ago.mo.gov/publications/landlordtenant.pdf
 

Last edited by nap; 02-15-07 at 10:57 PM.
  #7  
Old 02-15-07, 08:34 PM
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Re:Pet Violation

Well a notice to perform usually comes after you address the problem by talking to the tenant, writing letters, etc. Try getting pet agreement This document not only lists the petís information (Name, weight, age, etc.) but also clarifies the rules and regulations for the pet. It is important to explain to the Tenant that each pet must be accounted for to prevent unauthorized pet(s). Allowing pets may make your property more appealing and easier to rent. You may want to consider collecting an additional security deposit or increase the rent when allowing a pet; but it is important to check if there are limits or restrictions in your state. The advantage will be that any damage to the rental unit from a pet is solely the responsibility of the tenant and must be immediately repaired, cleaned and/or replaced at the tenantís expense. The agreement form you can get on ezlandlordforms.com

Keep in mind that if you are evicting for rent-it's far more black & white as far as the courts are concerned.

If you are evicting for any other reason than rent-it's a lot harder and you have to documentation that you tried to correct the problem outside of court.

This could a tough one because this tenant can go get a note from her doctor saying she needs the animal as a "therapy dog.." and it could get dragged out in courts for months.

Unfortunately-at this time the "therapy" animals are sort of a new thing and there isn't any legislation covering them yet that I've heard of. HOWEVER-if it's an "assistance animal" you can't turn the person down for rental or evict them.

Try reasoning with her verbally first and follow-up with a letter.

Good luck. It might wind up being easier to just collect a pet deposit and go from there.
 
  #8  
Old 03-04-07, 09:12 PM
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just tell her she can have her dog but she must pay a non refundable deposit for cleaning after she moves, that's what my landlord did to me once and i was glad too pay it, when i moved she begged me too stay because i was such a good tenant.

of course this may not be legal but it worked for us.
 
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