Tenants Have Violated The “No Pets” Clause Of The Lease

Question: We leased our home in Cave Creek to a nice elderly couple. The lease has a “no pets” provision. A former neighbor, who has two small children, recently called to complain about two pit bulls recently purchased by our tenants. Can we terminate the lease with our tenants because of the two pit bulls?

Answer: If the pit bulls are a health and safety hazard, you can deliver five days’ notice; terminate the lease; and evict the tenants. If the pit bulls are only a violation of the “no pets” provision in the lease, you can deliver a 10-day written notice to the tenants demanding that the two pit bulls be removed from the home. If the tenants do not comply with this 10-day written notice and remove the two pit bulls, you can terminate the lease and evict the tenants. A.R.S. § 33-1368.

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