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Anyone can sue anyone in this country, but what are the chances that the judge would find me (and not the pit owner) guilty?
Actually fairly high. It is your property and you are permitting a known-to-be-dangerous dog to live there. It's the legal doctrine of deepest pockets. Fairness rarely intrudes into lawsuits.
I suggest that you call your insurance agent and ask him what would happen if the pitbull living in your rental unit savaged a neighbor's child.
Actually fairly high. It is your property and you are permitting a known-to-be-dangerous dog to live there. It's the legal doctrine of deepest pockets. Fairness rarely intrudes into lawsuits.
I suggest that you call your insurance agent and ask him what would happen if the pitbull living in your rental unit savaged a neighbor's child.
I don't permit nothing, my r/e management company does. And I can always say that this or that breed was never discussed with me. Now, the question to all home owners, are you safe from a law suit if you clearly stay that you don't allow any breeds, but you tenant brings in a home alligator and don't notify you? If you apply the same logic that landlord is responsible for anything, then no matter what you do, if it happened, you'd be guilty.
I googled it up, and found this article - http://www.nolo.com/legal-encycloped...hapter4-7.html
================================================== ========= In general, courts hold a landlord liable only if the landlord:
knew the dog was dangerous and could have had the dog removed; or
"harbored" or "kept" the tenant's dog—that is, cared for or had some control over the dog.
[skip]
Actual knowledge. To be held liable, a landlord must actually know that a tenant's dog is a danger to others. In practice, that means the landlord must know that the dog has already threatened or injured someone.
================================================== =========
If a potential tenant shows up and hands me a "pet resume" and refers to their dog as a "furkid" Id realize this person is insane and I'd probably not do business with them.
I don't permit nothing, my r/e management company does. And I can always say that this or that breed was never discussed with me. Now, the question to all home owners, are you safe from a law suit if you clearly stay that you don't allow any breeds, but you tenant brings in a home alligator and don't notify you? If you apply the same logic that landlord is responsible for anything, then no matter what you do, if it happened, you'd be guilty.
I googled it up, and found this article - Landlord Liability for Tenants' Dogs | Nolo.com
================================================== ========= In general, courts hold a landlord liable only if the landlord:
knew the dog was dangerous and could have had the dog removed; or
"harbored" or "kept" the tenant's dog—that is, cared for or had some control over the dog.
[skip]
Actual knowledge. To be held liable, a landlord must actually know that a tenant's dog is a danger to others. In practice, that means the landlord must know that the dog has already threatened or injured someone.
================================================== =========
So, again, don't ask, don't tell.
Ignorance doesn't make a good excuse. Nor is it a good defense strategy.
The article made some good points on how to possibly convince a LL to accept a pet. But if the guy is adamant about not accepting from the ad move on.
I'd actually be really irritated by someone who used this strategy. We don't deny for aggressive breeds for no reason. We've been directly told by multiple insurance companies that if a tenant has an aggressive breed dog, the home insurance may be dropped. If an incident involving the dog happens, the insurance company will deny coverage and then drop the homeowner's policy.
So if someone wasted my time meeting them at the property without telling me they had an aggressive breed dog, I would not only not rent to them, I'd be angry. This is one example of why we now require full applications before we will even make an appointment to show a property.
Just to let you know, I have had rottweilers and have had both homeowner's and renter's insurance that covers them. They are out there. I can't remember which one, but one company offers insurance for any dog that passes the Canine Good Citizen test, which is kind of a big deal.
I got a big shock a while back when I went to rent a house and was refused because of my dog. I even secured renters insurance that covered my dog, but that did not help.
I did research and found that if a tenant's dog injures someone, the landlord is not held responsible unless, a) the landlord knew the dog was dangerous, or b) the dog was in the landlord's care. Still, that doesn't help because if there is a lawsuit over a dog bite, the landlord gets named in the suit. When everything washes out, the landlord will not be held responsible, but he or she will have to pay their attorney thousands of dollars in the meantime.
So, I get it.
Everything about pet ownership is way out of hand. I used to live in a city where 200 animals were brought into the shelter every day. Dog ownership needs to be a privilege, complete with responsibilities on the part of the owner.
Just to let you know, I have had rottweilers and have had both homeowner's and renter's insurance that covers them. They are out there. I can't remember which one, but one company offers insurance for any dog that passes the Canine Good Citizen test, which is kind of a big deal.
I got a big shock a while back when I went to rent a house and was refused because of my dog. I even secured renters insurance that covered my dog, but that did not help.
I did research and found that if a tenant's dog injures someone, the landlord is not held responsible unless, a) the landlord knew the dog was dangerous, or b) the dog was in the landlord's care. Still, that doesn't help because if there is a lawsuit over a dog bite, the landlord gets named in the suit. When everything washes out, the landlord will not be held responsible, but he or she will have to pay their attorney thousands of dollars in the meantime.
So, I get it.
Everything about pet ownership is way out of hand. I used to live in a city where 200 animals were brought into the shelter every day. Dog ownership needs to be a privilege, complete with responsibilities on the part of the owner.
Unfortunately, these days when a lawsuit happens everyone gets named.
Unless your dog kills someone, all the hype about losing your life savings because your dog bit a child is only media blather.
Also, if you have a "dangerous breed" try to soften it.s appearance (pink collars, bows, groomed fluffy... etc).
Lastly never ever ever admit to it being the dangerous breed in question. Deny deny deny! Can.t run a DNA freakin' test!!!!
Show pictures, have landlord meet the dog, etc.. Socialize the hell outta the dog first though! Never try to sneak one in: that only ends badly.
SOURCE: my real life experiences renting with a bully breed and discussions with police captain in my area.
I don't permit nothing, my r/e management company does. And I can always say that this or that breed was never discussed with me. Now, the question to all home owners, are you safe from a law suit if you clearly stay that you don't allow any breeds, but you tenant brings in a home alligator and don't notify you? If you apply the same logic that landlord is responsible for anything, then no matter what you do, if it happened, you'd be guilty.
In general, courts hold a landlord liable only if the landlord:
knew the dog was dangerous and could have had the dog removed; or
"harbored" or "kept" the tenant's dog—that is, cared for or had some control over the dog.
[skip]
Actual knowledge. To be held liable, a landlord must actually know that a tenant's dog is a danger to others. In practice, that means the landlord must know that the dog has already threatened or injured someone.
================================================== =========
So, again, don't ask, don't tell.
Ignorance doesn't make you innocent. It's your unit, you are ultimately responsible for that unit.
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