Tenant hiding dog against terms of lease, what should I do?

[satre51]

What is the name of your state (only U.S. law)? Tennessee

Dogs are against terms of my tenants lease, but I'm 95% sure my tenant is keeping a dog in the finished upstairs attic of the house anyway and lying to me about it, but I have no solid evidence. Dog is secluded upstair so that I wont hear barking.

1) How do I insist on inspecting the upstairs area where I suspect the dog is?
2) If I find a dog, how should I handle it?

 

[adjusterjack]

1) How do I insist on inspecting the upstairs area where I suspect the dog is?

See 66-28-403(b) of the TN landlord tenant statute:

http://law.justia.com/codes/tennessee/2015/title-66/chapter-28/part-4/section-66-28-403/

I am a former landlord and my take on that is that the unauthorized dog qualifies as a "set of circumstances demanding immediate action" which would allow an unannounced inspection or even entry when nobody is home.

Make sure you bring a camera.

2) If I find a dog, how should I handle it?

Prepare, and take with you, a 14 day notice of termination per 66-7-109(a)(1)(A) referring to "tenant neglect" and, if you find and photograph a dog, immediately hand it to your tenant.

Check paragraph (D). If your county is not governed by the Act you can use a 3 day notice and then evict. I imagine you can check with your county government to find that out.

 

[LdiJ]

See 66-28-403(b) of the TN landlord tenant statute:

http://law.justia.com/codes/tennessee/2015/title-66/chapter-28/part-4/section-66-28-403/

I am a former landlord and my take on that is that the unauthorized dog qualifies as a "set of circumstances demanding immediate action" which would allow an unannounced inspection or even entry when nobody is home.

Make sure you bring a camera.



Prepare, and take with you, a 14 day notice of termination per 66-7-109(a)(1)(A) referring to "tenant neglect" and, if you find and photograph a dog, immediately hand it to your tenant.

Check paragraph (D). If your county is not governed by the Act you can use a 3 day notice and then evict. I imagine you can check with your county government to find that out.

For the OP's physical safety, I am going to seriously disagree with that advice. Entering a home where you suspect a dog is present, without the residents being present, could very likely get someone attacked by the dog. I am not sure what advice I have to offer in replacement, but I do not think its safe to enter when the residents are not there.