Question: It has recently come to our attention that a tenant is in violation of our two-pet policy, as she has admitted that she has 4 small dogs living in her home. When we speak with her through her door, the smell of dog urine is overwhelming. We have mailed her a letter explaining that this is rules violation and asked that she remove two of the pets by a certain date. Our letter warned that if she failed to comply, she would be sent a 30-Day Notice to Vacate.
She stated she would keep the two extra dogs and claim them as service animal. This week she gave us a letter from her nurse practitioner stating she needed the pets for a medical condition. What are our options? We would like to serve her a 30 Day Notice to Vacate for Cause (violating our 2 pet policy). However, she has been speaking with advocacy groups that tell her we have no right to make her get rid of the two “service animals.”
We feel that it is our responsibility as landlords to consistently enforce our community rules, but also don't want to get dragged into costly litigation just to lose in the end due to federal regulations of some kind.