violation eviction tips?
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violation eviction tips? (by hd [GA]) Aug 14, 2018 9:59 AM
       violation eviction tips? (by S i d [MO]) Aug 14, 2018 10:05 AM
       violation eviction tips? (by Mike45 [NV]) Aug 14, 2018 10:46 AM
       violation eviction tips? (by Vee [OH]) Aug 14, 2018 12:07 PM
       violation eviction tips? (by myob [GA]) Aug 14, 2018 12:22 PM
       violation eviction tips? (by hd [GA]) Aug 14, 2018 1:30 PM
       violation eviction tips? (by AllyM [NJ]) Aug 14, 2018 3:25 PM
       violation eviction tips? (by DJ [VA]) Aug 14, 2018 3:50 PM
       violation eviction tips? (by Oregon Woodsmoke [ID]) Aug 14, 2018 4:09 PM
       violation eviction tips? (by myob [GA]) Aug 14, 2018 6:56 PM
       violation eviction tips? (by Vee [OH]) Aug 14, 2018 7:15 PM
       violation eviction tips? (by Robert J [CA]) Aug 15, 2018 5:16 AM
       violation eviction tips? (by plenty [MO]) Aug 15, 2018 5:25 AM
       violation eviction tips? (by hd [GA]) Aug 15, 2018 5:51 PM


violation eviction tips? (by hd [GA]) Posted on: Aug 14, 2018 9:59 AM
Message:

I have a tenant whom I have just found out has two pit bulls. She knows and we have discussed NO PETS, especially pit bulls because a friend used to bring one when "visiting". I have only previously had to evict for failure to pay rent. Can anyone give me tips on the eviction process based on a lease violation. I will be sending certified letter regarding the violation and requiring that the dogs be removed from the premises immediately. I am not expecting her to comply. --99.157.xx.xxx




violation eviction tips? (by S i d [MO]) Posted on: Aug 14, 2018 10:05 AM
Message:

hd,

I'm not from GA, so perhaps someone with more expertise will drop by, but here's how it works in Missouri.

If a violation is observed, I can file for eviction, immediately, no "Cure or Quit" required. In other words, I do not have to give them a chance to correct it.

In practice, i probably would do exactly what you're thinking about doing. I'd put a definite time line on it: 48 hours the animal and all traces of it must be removed from the premises.

Non-compliance is handled the same way. If I give them a chance and they fail to comply, we file for eviction based on breach of lease. The standard of proof will vary according to your area, so be prepared with as much "ammo" as possible: pictures, statements, witnesses who will come to testify on your behalf.

It might be quicker and cheaper to just allow her to move out quickly to save her reputation and the court costs she'll owe for the lease violation. Present it as a win for her, "Look Sandy, I know you love Mr. Big Teeth, and we're animal lovers too. But as we have discussed our insurance won't cover a pit bull. How about you find a place that does allow your dog and I'll let you out for no extra charge as long as we get the full last month's rent paid and you leave the place swept clean?"

If she refuses, then proceed with the non-compliance steps mentioned above.

Good luck!

. --173.19.x.xxx




violation eviction tips? (by Mike45 [NV]) Posted on: Aug 14, 2018 10:46 AM
Message:

I do NOT know GA law.

1. Under GA law, are you required to give a __ Day Notice To Cure Or Quit? If so, be sure your letter/notice complies with all statutory requirements.

2. Under GA law, is "certified mail" proper for a Cure Or Quit? Is personal service required? Is "first class mail" required? Note: Certified mail is NOT first class mail. In some states, sending certified (which many of us think of as better than first class) does not satisfy the requirements for first class mail -- because the post office will not deliver it to a mailbox. If the tenant is not available when my process server tries personal delivery, we need a notarized proof of service by posting plus first class mailing, with a post office receipt as proof of mailing. Find out your local requirements!

3. Keep calm though the process. Find out the rules and take it slowly, touching each base in proper order. You will get your house back, and it is only a little bit of time to follow the steps -- even if some of them do not make sense!

--71.222.xx.xxx




violation eviction tips? (by Vee [OH]) Posted on: Aug 14, 2018 12:07 PM
Message:

Here it is now a 3day violation, and the animal warden will take the door down if the locks have been changed - but I have to be there to supervise after my keys dont work.,. --76.188.xxx.xx




violation eviction tips? (by myob [GA]) Posted on: Aug 14, 2018 12:22 PM
Message:

whats the wording in the lease that says its a violation? just discussing it is not a violation.

Our notices to cure are based on seriousness of the violation. Dangerous pet would be a 7 days to cure (get rid of pet) shows your giving time for them to find a home. after 7 days notice is served that the lease is terminated and here is your 30 day noitce.

Now comes the patience part-- when the rent becomes due during the 3o day period. they may or may not pay-- most won't because you've given them notice-- so you can violate them for non pay of rent and let the action resume in court. If they pay it's a waiting game till next month-- if they try to pay you can't take it since you've terminated the lease. you would then file for tenant holding over beyond the lease-- the one you gave a date to leave by. --99.103.xxx.xxx




violation eviction tips? (by hd [GA]) Posted on: Aug 14, 2018 1:30 PM
Message:

I discussed the lease clause with the tenant (and also the fact that pit bulls are not allowed by insurance), which reads:

12. No pets, birds, or animals of any kind, permanent or visiting, indoor or outdoor, shall be permitted on the premises without prior consent of Management. such pets, if allowed, requires the payment of a non-refundable pet fee of $300.00 per pet and a monthly payment of additional rent of $35.00 per month per pet (already included in stated rent in Section 3). In no instance will more than two (2) pets be allowed. Authorized pets must be listed on the last page of this agreement. By this listing, Resident agrees to be fully liable for damages and injuries to property and/or people which might be caused by pets. Resident agrees that if said pets should at anytime become annoying, bothersome, or in any way a nuisance to neighbors, Resident will, upon notice of Management, immediately remove said pets from the premises. Any unauthorized pets found on the premises shall be removed by Resident and above stated pet fee paid immediately to management. Management shall have the right to revoke permission to have pets without notice or cause. NO PETS. --99.157.xx.xxx




violation eviction tips? (by AllyM [NJ]) Posted on: Aug 14, 2018 3:25 PM
Message:

It's confusing. No pets allowed but if allowed such pets yatta yatta. I can see why she felt that she could have dogs in there. --73.178.xxx.xx




violation eviction tips? (by DJ [VA]) Posted on: Aug 14, 2018 3:50 PM
Message:

That's a good clause. It it almost just like mine. Except: going forward I would eliminate the last two words "NO PETS", because that does sound contradictory to "Prior consent of management". I also suggest add: "WRITTEN" consent of management, and if said pets should at anytime become THREATENING, annoying, etc.."

It sounds like this needed to be addressed when you found one was "visiting".

Now all I can say is read your state's landlord-tenant laws and consult with an experienced R.E. attorney.

Let us know how it goes. --68.10.xxx.x




violation eviction tips? (by Oregon Woodsmoke [ID]) Posted on: Aug 14, 2018 4:09 PM
Message:

I give a 72 hour written notice that the dogs must be removed from the property. If the dogs don't disappear, I give the notice to vacate... thats why I do month to month, so I can get rid of problem tenants.

With a lease, try telling her the dogs must be off the property now, but you will let her oUT of the lease with no penalty if she can move out quick.

Then, cross your fingers and hope she doesn't turn around and declare that the pitbulls are service animals. --174.216.xx.xxx




violation eviction tips? (by myob [GA]) Posted on: Aug 14, 2018 6:56 PM
Message:

so your problem is you allow pets. your up against it with that wording. YOU LOSE.....

--99.103.xxx.xxx




violation eviction tips? (by Vee [OH]) Posted on: Aug 14, 2018 7:15 PM
Message:

OK now I read there are 2 unauthorized animals onsite, so you add 670 to the next rent bill and 70 each month thereafter, it could be they will short the rent by 670 which will begin the eviction (I know it is something like dispossesory in GA), there is no payment plans allowed - all or none, and once you hire the court there is no looking back or bargaining for anything less than legal, filing, pet fees and the actual rent paid in full with certified funds. --76.188.xxx.xx




violation eviction tips? (by Robert J [CA]) Posted on: Aug 15, 2018 5:16 AM
Message:

I had brothers rent a 2 bedroom lower apartment with a large outside patio area. This was a no Pet building. One day I saw a pit bull killer dog in the yard. I asked who's dog was that. Answer, oh it's our family dog and our parents can no longer care for him. What should we do?

I suggested finding a new home for the dog or sending it back to their parents. I demanded the following information:

a) dog license

b) renter insurance covering dog bites and attacks

c) a bank statement with $5,000 (dogs do damage to people and property)

d) veterinarian records that the dog has it's shots and vacinations

e) dog training or obedience school certificate

The brothers couldn't product any of my requested information. The had no valid dog license, no insurance, no fund to cover damages, no proof of medical care.

So I said you are lousy dog owners. You have two choices. Get rid of the dog or be evicted, handing them a 5 day notice to Cure Violation or Move Out!

The dog was gone the next day, back at their parents house, 3 blocks away. --47.156.xx.xx




violation eviction tips? (by plenty [MO]) Posted on: Aug 15, 2018 5:25 AM
Message:

What Vee wrote. That's what I would do. In a few months you'll have what you want but cant get. Use your paper. It's for you too! --99.203.xx.xxx




violation eviction tips? (by hd [GA]) Posted on: Aug 15, 2018 5:51 PM
Message:

So many good thoughts here. Thanks all. Vee, I like this idea in theory but then I am allowing the pit bulls which violates insurance, so I don't want that on record. I'm not condoning pit bulls period. Last thing I need is a bad dog owner causing me a lawsuit that insurance won't cover.

--99.157.xx.xxx





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