I have tennants that have dogs, pitbulls to be exact.
At one point I allowed animals for an additional fee per month.
Since I saw the damamge the animals do = far greater than 25$ per month I no longer allow tennants coming in to have pets, however the tennants that had them can keep them.
Problem 1- Everyone lies that they don’t have pets then I find out they do.
Problem 2- If a dog bites someone, a neighbor, can I be sued?
If I can, can I make the tennant sign some kind a disclosure that if they have animals that bite someone I am in no way responsible?
I am thinking of not allowing pets but still making tennants sign a disclosure.
I have a tennant that says its not her dog, she just babysits it for her boyfriend, who happens to live with her. >:(
Thanks, Wendy
Wendy,
Tenants are wonderful. I can see that you have experienced this too!
I allow pets and have generally found that people are harder on my property than their pets. However, if you don’t want to accept pets, put in the lease that pets are not allowed on the premises for any reason, including visits. Also, put in the lease that the presence of a pet on the premises will be grounds for eviction. Then, follow through! Be sure to tell all tenant applicants about your policy and that you DO evict for the presence of animals.
We do accept pets, but we do not accept any pets that are on the vicious dog list. I had a tenant that bought an Akita and I forced them to leave (under promise of eviction).
Good Luck,
Mike
I train personal protection dogs as a part-time hobby type thing. It disgusts me to see overly aggressive dogs (that could be easily rehabilitated) bite someone then get euthanized. Beside the obvious liability, it’s for this reason I don’t allow aggressive dogs on my properties no matter how responsible and dog savvy the owner pretends to be. I don’t ban any breeds as that’s about the stupidest thing I’ve ever heard, just individual dogs. More often than not this turns out to be a little yap-yap dog who runs the owners life and bites peoples ankles.
In MD, you can collect the equivilent to 2 months of rent for a security deposit. If someone wants a dog, cat, monkey, or anything other than a goldfish, they pay the maximum deposit plus an additional monthly fee, opposed to most tenants who I only require a security deposit equal to 1.5 months rent. I also demand a copy of the pets vet records and a contact name/ number to call. I will make sure it’s up on it’s vaccines, never shown aggression to the vets, vet techs, or any non-human animals, no history of chronic vomitting on the carpet, etc. If I or someone on my staff has the time, we will meet the dog before anyone moves in.
With my biggest apartment building, I have half of an acre with a fence around it to encourage the owners to take their dogs outside once in a while. Since most people are too lazy to walk their dogs, this atleast gets some of the dogs energy worked out and allows me the pleasure of not replacing the carpet.
Okay, But now that I do have dogs and don’t want them, can I send the tennant a waiver so that I am not responsible if their animal bites someone.
Or maybe I’m not responsible, I don’t know.
My husband thinks WE can be sued if a tennants dog attacks someone.
That just didn’t make sense to me but maybe some of you know the answer or had experience with this.
I do love animals but I spent $2,000. this past summer to get rid of flees in apartments for animals that arn’t mine.
So now I also let tennants know I have a no flee policy. Meaning under no circumstance do I exterminate flees --even if you don’t have that little kitten I know I saw in the window!
Don’t get me wrong animals are cute, but I have six kids to pay for that leaves little room in the budget for someone elses flees!!!
Dog bites, especially fatal bites are open season for a gung-ho attorney. Even very small dogs (pomeranians, dachshunds, chihuahuas, etc.) have caused fatal bites to humans. Of course, the laws vary state- to- state. If there was any evidence that you knew about any fearful, anxious, or aggressive tendencies, I’d imagine you’d be up on the chopping block. If the incident happened without any previous knowledge on your part, you might be able to skate by with only paying a few thousand in attorney’s fees. It’s probably the same about knowing there was a loose board on the stairs that you neglected to deal with.
Edit: The flees are another reason to check with the dog’s vet. Make sure the owner is regularly buying flee/ tick prevention. The good stuff is only available by prescription. You could also request the prospective tenant take the dog to the vet for a check up to make sure they don’t have existing parasites. This type of neglect means they will more than likely neglect the basic upkeep of an apartment as well.
Wendy,
I agree with Danny and your husband, you certainly can be sued for the actions of one of your tenant’s dog. In fact, you can be sued anytime, anywhere, and for anything EVEN IF YOU’VE DONE ABSOLUTELY NOTHING WRONG. Been there, done that!
You might want to check with your insurance company. My insurance company does not cover dogs that are on their vicious dog list. That is one reason that we do not allow them. It is possible that your insurance company will have a form for the tenant to sign if they have a dog (or a vicious dog). My insurance company has a form for a lot of these types of things, vicious dogs, trampolines, swimming pools, etc).
Dogs and dog owners are not a protected class, so you can put just about anything in the lease. My opinion is that you are stuck with the current leases with your current tenants until they expire. When the leases are up, you could change the terms as you desire.
Mike
Thanks everyone
exactly waht I wanted to know.
I will wait for the leases to expire and not renew for any type of pet (sorry animal lovers).
It just seems crazy that I could get sued for a tennant who decieves me. I think what I am going to add to all new leases is a disclosure stating that there will be absolutly no animals. I think in a lawsuit this should clear me.
It just burns me that they agree to no animals yet somehow they appear!
Wendy
In my leases, I use the words “non-human animal” instead of “animals” to thwart the efforts of an attorney saying that since homo sapiens are obviously animals, that would mean no humans. Sounds weird but I don’t let my attorneys leave any room for interpretation when drafting an agreement.