Tenant is trying to sneak in a pit bull & it is not in the contract. What right do I have to enter the property? This is in Austin, Texas and she is saying she want me to give her 24 hour notice.
O course, so she can get the dog out of there. Told her that I would evict her next time I caught the dog there.
2006-09-05 01:39:40 · 6 answers · asked by J.J. 1 in Business & Finance ➔ Renting & Real Estate
If her lease does not prohibit pets, you are stuck.
If the lease does not say that she can't have a dog, the presumption is that she can. Our office deals with this all the time.
Yes, you do have to give your tenant notice, and you can't just evict people on a whim. You need to have a legal basis for eviction. If the lease prohibits pets, then you have a cause for eviction. If it doesn't, then you are stuck.
2006-09-05 03:38:51 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
You must start the legal clock....Send a 5 Day Notice to Quit...That spells out she is in violation of her lease and at the same time, go to small claims to request a hearing for the 6th day. Some lease violations are considered "material"....having a vicious dog could definitely qualify. That dog bites a third party and You'll be the one getting sued as the landlord.
Most small claims have days that are specific to landlord/tenant issues. Don't delay. You are open to huge lawsuits allowing your tenant to have a pit bull.
Google Texas & Landlord/Tenant laws and you will find provisions for violations of the lease and how to proceed. Start the legal clock - you must get that dog out of there.
2006-09-05 03:10:46 · answer #2 · answered by Paula M 5 · 0⤊ 0⤋
I hope by "it's not in the contract" you mean it IS in the contract that she can't have a dog. Otherwise you might find yourself being sued for imposing rules that were not agreed upon. You might also check the Texas law regarding landlord access. Even though you own the property, it may be illegal for you to enter it without notice if your leasor is up to date with her rent.
Tread carefully! I have read of at least one landlord who was shot by a tenant "who thought he was a burglar", and since the lease required notice, the landlord had no grounds for charges!
2006-09-05 01:45:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You should give them notice if you are going to go into the apartment with them not there, unless it is an amergency. However, that does not stop you from going over and ringing the doorbell to see if they are home and to "happen" to hear if there is a dog inside.
Another option would be to be outside the property and call with your cel phone that you need to go in and check something on the hot water heater, and that you will be there in 1 hour, and just sit and wait outside to see if they hurry the dog out of the house.
Also if you are freindly with any of the neighbors ask them what they see.
2006-09-05 01:46:58 · answer #4 · answered by sirade1 4 · 0⤊ 0⤋
inspect the city ordnances. i think of there's a decrease of three or 4 4 dogs. The pals might desire to whinge in writing. you supplies her a ninety day word to boost lease and that i think of to do issues lke replace structures and remodel. There are state and County and city rules. Do you have a lease? Month to moth is the least confusing to handle. i'm in San Diego. Get an lawyer or see your city lawyer.
2016-11-24 22:36:48 · answer #5 · answered by koons 4 · 0⤊ 0⤋
lol look up your land lord tenant law see title 8 on this link http://www.capitol.state.tx.us/statutes/pr.toc.htm . But if you're right and you enter the property make sure your health insurance premiums are up to date.
2006-09-05 01:45:17 · answer #6 · answered by newmexicorealestateforms 6 · 1⤊ 0⤋