Pets

Phil Querin Q&A: Pet Violations

 

Question: We are trying to send an eviction notice to a tenant who will not keep their pet inside; it is consistently defecating in a neighbor’s yard. I am confused about which MHCO form to use. I don’t wish to levy a fine[1] as they have already received a citation from the city. The 30-Day eviction for continuing violations (No. 43 seems to be the closest form, but the instructions specifically say it is not to be used for a violation involving a pet. Can you clarify how to send an eviction for this issue? 

 

[1] ORS 90.302 allows fines for the violation of a written pet agreement or of a rule relating to pets in a facility.

 

Phil Querin Q&A: Resident Violates Rules with Multiple Pets

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. 

 

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