My name is***** and I will be helping you with your question today. This answer is for informational purposes only and does not create an attorney-client relationship.
First of all, the language in the lease controls whether the tenant can have a dog on the premises. If the lease specifically states that the tenant cannot have a dog then they have broken the terms of the lease (with exception mentioned below).
"The Law Against Discrimination as set forth in N.J.SA. 10:5-29.2, prohibits discrimination against handicapped, blind or deaf people in renting or leasing housing accommodations. A handicapped, blind or deaf person who has a service or guide dog, or who obtains a service or guide dog, shall have full and equal access to all housing accommodations and shall not be required to pay extra compensation. Any lease or rental agreement prohibiting pets shall not apply to a service or guide dog owned by a handicapped, blind or deaf tenant. The tenant is responsible for any damages done to the premises by the service or guide dog."
So according to N.J.SA. 10:5-29.2, you should probably not include your #1 in your proposed letter. Although the tenant should probably have informed you of the fact, you can not discriminate against "handicapped, blind or deaf people" and cannot evict them solely on the basis of them having a service dog. If must have a proper reason to evict under New Jersey Statute.
Under the Anti-Eviction Act, in most cases notice is required to be sent to the tenant before an eviction case can be filed. The notices are called a Notice to Quit
and Notice to Cease
. A Notice to Cease simply tells the tenant to stop doing something that is a violation of the Anti-Eviction Act. A Notice to Quit tells the tenant that they have to move out because they have violated the Anti-Eviction Act or they have ignored a previous Notice to Cease. The amount of time the tenant has to move in the Notice to Quit is different, depending on why the landlord is evicting them. The law does not specifically require a notice period for a non-payment of rent violation, but it is still preferable to deliver a Notice to Quit in that situation too. The Notice periods are as follows (I only included those related to you):
(1) Damage or Destruction to Landlord's Property - 3 Day Notice to Quit
(2) Violation of Landlord's Rules - Notice to Cease, then 1 Month Notice to Quit
(3) Violation of Lease Agreement - Notice to Cease, then 1 Month Notice to Quit
If there is noone that fits the definition of "handicapped, blind or deaf people" that appropriately rents the property then obviously the statute would not apply allowing nondiscrimination against "handicapped, blind or deaf people". Even if they appropriately have a service dog, the statute states "The tenant is responsible for any damages done to the premises by the service or guide dog". You must ascertain damages and could evict if the situation fits the information I provided previously. As to the letter, I would copy some of the language provided and also add in citations of New Jersey Statute to make the letter more official and take out #1.
Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer as this is the only way that I am compensated for my work.