tenant with large dog

[steph0906]

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

We own a triplex and one of the tenants signed a lease with "one small dog". They lied and have a large dog in addition to this small dog. This large dog was barking as I was showing a vacancy. I informed the tenant to stop the dog from barking. He called this morning informing me they were cancelling their lease which expires in Feb. as they want this big dog to bark.
I want this dog out and never would have allowed the dog had they been honest. Please advise. Do I write them a letter?
thanks....

 

[csi7]

I would find out exactly what the "calling back of lease" they are referring to, and also make arrangements for the lease to be ended early mutually as that would be the best for your other tenants who do not need to deal with a barking dog.
In future lease arrangements, be very specific about the size of dog you will allow, the total number of dogs, the breeds of dogs, and have a visit with the dog prior to lease approval, if you are more comfortable doing that.

 

[Searchertwin]

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

We own a triplex and one of the tenants signed a lease with "one small dog". They lied and have a large dog in addition to this small dog. This large dog was barking as I was showing a vacancy. I informed the tenant to stop the dog from barking. He called this morning informing me they were cancelling their lease which expires in Feb. as they want this big dog to bark.
I want this dog out and never would have allowed the dog had they been honest. Please advise. Do I write them a letter?
thanks....

Send a crr letter stating that they are in breach of lease. They sign a lease only allowing one SMALL dog. They must either get rid of the large dog or vacate.

 

[steph0906]

Thank you for your replies. I will be more careful in the future.

 

[steph0906]

I do have one more question. Since the tenants are breaking the lease by having this large dog, aren't they responsible for rental payment until I find a new tenant as they signed a lease until Feb? thanks again.

 

[sandyclaus]

I do have one more question. Since the tenants are breaking the lease by having this large dog, aren't they responsible for rental payment until I find a new tenant as they signed a lease until Feb? thanks again.

I replied on your other thread, but in this one, it seems that your tenants have decided they want to break the lease as they are set on keeping that dog.

I say LET THEM break the lease, but do not give them an out or allow them to do so without penalty. If THEY choose to break the lease, then they are legally responsible for all unpaid rent until a new tenant can be found, or until the end of the lease in February, 2012, whichever occurs first. By them breaking the lease, you can also charge them for any/all costs to find a replacement tenant, including advertising and screening costs.

 

[steph0906]

Thank you sandyclaus!!!this is what I thought. I want them out as they definitely are keeping this big dog.
They are choosing to violate the lease and expenses etc will be on them. If they do not pay rent and are still in unit by sept 3 i will start eviction notice.