Need guidance on a "nuisance dog issue"

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  • Posts: 32
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13 years 5 months ago #6543 by Alisha Kruger
Help & guidance needed...

We have a tenant here whose dog barks and howls constantly. I have given tenant written notices that ask for a bark collar, they bought an organic one which puts herbs in dogs face which makes dog howl. I've received three written complaints from neighbors, plus my own, I'm also a neighbor. I can hear the dog howling down in my office (3 floors below and not directly.) The residents that live directly next to this dog want out of their lease because of the non-stop nuisance. (I don't blame them.)

Our pet addendum states "resident agrees to put the pet out for board or therwise remove the pet from the unit for the balance of the leased term, if the pet is, or becomes, a nusiance or annoyance or interferes with the right of enjoyment of other residents, or because of any noises or odors emanating from the pet, or damage by the pet, or if McCarty Place Apartments shall subsequently revoke this consent."

I know I need to ask tenant to remove of dog, but how do I do it? A letter? How much time do I have to give them? Does anyone have a template letter that I could use? Or advice how to do this? I know this will anger the tenant where he will want to break lease. He was very upset when I brought it up the last three times. I need to take care of this immediately or I will lose 3 great residents. Any guidance is much appreciated!
13 years 5 months ago #6543 by Alisha Kruger
Nancy
13 years 5 months ago #6559 by Nancy
Replied by Nancy on topic Re:Need guidance on a "nuisance dog issue"
Since you have all ready talk to the resident, it sounds like it is time for a 7 day notices and if it happens again in that seven day you would start the next step to evition. One bad dog can make you loose great residents. I hope this helps. :P
13 years 5 months ago #6559 by Nancy
Nuisance dog.
13 years 5 months ago #6560 by Nuisance dog.
Replied by Nuisance dog. on topic Re:Need guidance on a "nuisance dog issue"
Exactly! How many warnings does a tenant require before you take action? As a property manager, you have a responsibility to ensure the "right to quiet enjoyment" for ALL your tenants.

After one complaint, you should write a warning. After a second complaint, you should file a "Notice to Quit" that tells them failure to correct the behavior will result in eviction. I don't recommend you give advice on how to correct the behavior because that gives the tenant another excuse for prolonging the behavior (e.g. "I tried the collar you suggested and it didn't work. It's not my fault!") If you get one more complaint within three months (my policy; your's may be longer/shorter) then you follow through with eviction. The grounds for eviction would be their failure to adhere to the lease agreement, which should stipulate that ALL tenants have a "right to quiet enjoyment".

It sucks to be the "bad guy" but as a property manager you are failing the majority of your tenants while placating to the minority. Get rid of them or make them get rid of the dog, period!
13 years 5 months ago #6560 by Nuisance dog.
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13 years 5 months ago #6563 by Stephani Fowler
All of the above responses are correct. (On a personal note, please don't ask a resident to use a bark collar. They are cruel and do absolutely nothing to fix the problem. I am a dog lover and also work with rescues. We can usually find a way to control these issues with training and such.)
Bottom line is that residents do not have a "right" to have a pet, it is a privilage. Any respnsible dog owner is going to care about the affects their pet has on those around them. If they do not have respect for their neighbors then they need to move elsewhere.
13 years 5 months ago #6563 by Stephani Fowler