Hello All,

Basically, nice neighborhood SFH is having some issues with a dog.

Tenant (my property) moved in about a year ago, with no pet. 2 months ago, they asked if they could get a dog. I gave permission, signed pet addendum and upped rent. It is a large older dog and appears well behaved. There is no fence on the property, so tenant walks dog out back and it poops in the tenant's yard - in theory at least.

Neighbor has complained that tenant is letting dog go on to their property and does not clean up the large piles. Neighbor has never seen tenant dog in the act, as they claim it happens at night.

I have had tenants in this property for 10 years (this is the first dog there) and there has never once been an issue prior with unknown droppings in neighbors yard. Neighbor said it is so bad they filled up several grocery bags full...

Things are escalating and they have called cops on each other. I try and stay out of neighbor disputes, but I also try and maintain good relations with the neighbors. How would you proceed?

James,

Another sad case of wimpy lease.

Your lease should include animal language becasue a judge can throw out addendums. But better to have something than nothing.

It's simple: tell the res to control their animal or it has to go. Municipalities usually have ordinances (laws) that dogs must be on a leash when not contained inside the home or by a fence. You don't have to scoop the poop but realize you've lost the neighbor as an allie. (sp?)

Police cannot do anything but the dog catcher/animal control officer can fine them.

BRAD

Just remembered an article Jeffrey sent out about apartment complexes collecting a poo sample from incoming pets to compare DNA when they find "forgotten piles" and identify the "purp".

I agree with the game camera idea. Right now there is no proof that it is your tenants dog. Yes, it is likely, but it could be a neighborhood dog as well. Get the proof, then you can deal with your tenant if it is their dog.

Funny how there wasn't a complaint before tenant got the dog. Of course it's the dog.

All,

Thank you for the replies!

Brad, is it a wimpy lease issue? My addendum says that I can have them remove the dog at the owners discretion, if it becomes a nusiance. Curious, if you had a tenant want to add a pet after the lease was signed, do you have them sign a brand new lease? If you include pet language in your lease that they original sign, how do you designate whether they have a pet there or not?

James,

Good that your addendum has a clause about being able to remove the dog at your discretion. I'd tell the tenant you don't want to argue about whose poop it is because it wasn't a problem before the dog lived there. Tell them they can put up a fence/barrier at their expense if they want to keep the dog there otherwise it has to go because there were no problems before and now it has become one. They allowed this to happen by being inconsiderate pet owners. I'd offer to let them move without penalty as well so they have two options and know you'd rather they leave than have to be involved with a neighbor dispute.

Linda, Thank you for the thoughts! The neighbors are an older couple, who do on occasion like to be grumpy. For the last 7 years or so (as long as these neighbors have been there), they have been good neighbors and keep me informed of the goings on of the hood.

They apparently decided it was a good idea to fill up 4 grocery bags worth of poop (that they picked out of their yard) and put it in the driveway (still in the bags) of the tenant. The tenant then decided to call the police, so here we are now. The fact that they had "so much poop" in the yard, seems to indicate that it isnt just a one off random occurrence from a stray etc.

Several grocery bags full?

That's a lot of...poop.

On the part of the neighbor. What nonsense.

I'm currently fostering what once was a half starved 7 month old pup; been feeding it heavily twice a day which results in impressive "piles" requiring twice a week pooper scooper patrol and even those don't fill what that neighbor is claiming.

Since your tenant is certainly aware of the issue with this stupid calling of police business tell them to make certain the pooper patrol business is done when the dog is on a lease (instead of just turning it loose) AND the tenant carries plastic bags to pick up the stuff. If not and this continues to escalate warn them there may come a time where the dog may have to go.

You are not only dealing with grumpy older neighbors, you are dealing with a pair of nut cases.

Sounds like grumpy neighbors alright. Really leaving it in the driveway? Of course, I am always wary of busy body neighbors that keep me informed about what is going on.... That does sound like an awful lot of poop for one old dog in 2 months. My one 90 lb lab fills one grocery bag in 3 months in the winter, when it is frozen in hours.

Have you talked to your tenant at all? I certainly would have a discussion first to hear their side of the story. Maybe she does let the dog out at night alone and it goes there, but then maybe she doesn't know it goes there and just needs to be informed. Certainly if you verbally tell her how you feel, she might straighten up if she is being lax. But I honestly doubt adopting an older dog that they would let it loose so soon after coming there. How clean is the yard on your property, is it cleaned up regularly?

The fence solution sounds good. Just regular rolled wire fencing with some metal posts will probably work with an older mellow dog. Not pretty, but then that is the neighbor's problem. Set up a couple of cameras on your property line, they will trigger when the dog crosses, you get pictures.

Large dogs make huge piles, especially when fed poor quality food.

I doubt the neighbors stole the poop from someone else just in order to create a problem.

Several grocery bags? That is a couple of weeks worth.

My Scooter is a lab. He usually goes twice a day, and eats a decent dog food (not the cheap stuff). We pick up each leaving as it happens. I decided to figure out how much he really eliminates this week, and have been putting each little baggie in a grocery store bag. I believe I missed one movement since Monday, possibly 2, that he had while at work. Well, so far, since Monday afternoon, we have a half-bag filled.

That tells me that they are:

1) not containing the dog

2) not picking up after the dog regularly

3) feeding poor quality food

I'd give the tenants notice to a) control the dog to keep it in their yard and b) make sure to pick up any piles as soon as they happen. It is so much easier to pick them up immediately than waiting for it.

Note, Scooter is pretty much never off leash. We have a 3/4 fence, but it doesn't fully enclose the property. Still, he has his favorite places to eliminate. Most dogs do.

Tell them to either contain and pick up after the dog or it needs to go.

I allow dogs, but I have fenced yards. My tenants know that if there are complaints about the dogs, I will give them notice to vacate.

If you don't want to fence, which is the best option, rig up an overhead "trolley" line so the dog can be hooked on a leash when outside.

Other dogs will come to poop nearby to mark territory, so, while it may be your tenant's dog, might also be other dogs coming to mark.

Send the tenant a notice and reference the lease/addendum with regard to the dog and the rules of having a dog. Then decide IF you want the tenant to stay, or dog to go, or??? The tenant has ___ days to remedy this breach of the lease.

OR

Write the dog clause into the lease and have the tenant sign the new lease. From this point forward any issues with the dog could be eviction. IF you have a happy clause maybe its time to ask the tenant if they would like to leave before lease expires.

WONDER IF the tenant and neighbor are going to have a gift exchange???

James,

Did they light the bags on fire, ring the doorbell, and run? :)

I'm guessing those bags weren't full-full, like with a bunch of groceries. (and where did they get PAPER grocery bags these days?? :)

Wimpy lease: A good lease is designed to protect the LL from problems by heading them off in writing BEFORE they happen. A good lease includes stuff that MIGHT happen. Animals happen. They are an everyday occurrence when renting and EVERY good lease should include animal language and rules. Needing an addendum tells me the lease is lacks protection for you.

I just spent 8 hours editing my lease, adding several new clauses. It's up to 31 pages built to protect me against things that DID happen to me, ideas I've picked up, and problems I foresee.

Lotsa LLs brag about having a short 4 page lease then run into situations like yours and don't have a firm policy in place, already agreed and signed by the res. They have to dream up an panic solution and re-invent the wheel at every turn.

When a res acts up I can simply photocopy the appropriate page, highlight the applicable clause in blue (it's a calm trust color), they see their initials on that page and th problem is usually solved with that.

Addendums are not leases. Judges can do whatever they want with them. Again, not 100% protection but better than nothing. You get points for getting something in writing!

My lease is clear: only the animals named on page one are authorized. No other animals may be brought on the premises, including visiting or animal sitting.

An animal is considered by the law as personal property so as a LL you have no rights to remove or touch the animal. Your lease is with your resident. You can make rules about what the RESIDENT can do with his personal property and personal actions in regard to the home.

I can't see a judge evicting based on the dog pooping in the neighbor's yard. But I DO see a LL being able the give the RESIDENT a warning and eventually asking them to leave or not renewing based on lack of cooperation.

Why do we need to give 14 days to cure? I send a text TELLING them this is the final notice to comply immediately or face expulsion.

A proper lease requires the res to follow all local laws and that would include leash and containment laws. My lease also requires them to cooperate with neighbors.

Hope that helps!

BRAD

James,

Been thinking more about this.

Suggest to your neighbor that he install a deer camera or a video security system. They’re all on sale right now.

THAT will give real evidence. Renters come and go but neighbors live forever. Keep the neighbors happy.