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Last year, a couple moved into my small apartment house. They have the backyard. Turns out that one of their two dogs is very vicious. I wasn't aware of this at the time. There was an incident a few weeks ago in which a cable company technician who entered the yard without authorization was almost attacked. A more serious incident occurred this morning. The dogs ate a hole through the fence of the adjoining backyard and went in. Luckily no one was in the yard. If someone was, they probably would have gotten hurt, maybe seriously. It would have been tragic. The woman who lives there is very upset.
Sooner or later I fear that this vicious dog may hurt someone. I'm seriously considering forcing this tenant to leave when their lease ends (if he doesn't get rid of the dog). But that's not until August. If someone is hurt by this dog, as could have happened if someone had been in the next yard, am I legally responsible?
I don't know the legalities but I would guess that if someone was attacked by the dog, knew that you were aware of the dog's vicious proclivity and did nothing to have the dog removed from the premises, sued you as the LL as well as the owners, then a judge might well rule against you jointly. I confess to being a little hard-pressed to understand why you're even thinking of waiting it out. You should demand that your tenants remove the dog NOW, immediately.
Generally only the owner of a pet is responsible and potentially liable for the action of their pet.
However, you should check your city ordinance. In GA, for example, if the landlord knows a dog has been declared vicious, he could be liable if he allows the dog to continue on the premises.
Of course, you should get rid of the tenants at the end of their lease if not before. If they can't or won't control their pets, who knows what they're doing to your property.
It is my understanding that your homeowners insurance should cover claims that happen on your property. So if the dogs bite/hurt someone when they are on your property you are liable, but so are the owners of the dog. But if they don't have insurance, then it might be your insurance that someone goes after.
Have you tried calling animal control to see if something can be done? Or maybe the upset neighbor could call animal control since it was her backyard that the dog was in.
Also, you should have the tenants post a sign that they have a vicious dog so that no more utility workers almost get hurt!
If the dog is a notoriously aggressive breed, it may void your homeowner's insurance if they find out the dog is there. Definitely more research is in order. Our insurance company has always told us we can't have rotties, pit bulls, dobermans or boxers. We've gotten some complaints from tenants over the boxers, saying that they are usually very docile, but our insurance company says no, so we say no.
If the tenant's lease isn't up until August, and you agreed in writing for the dog to be there, you may have an issue. If you have an out built into the lease for this sort of thing, great, but since you are asking the question, I'm guessing you don't. That being so, I would see an attorney for local advice on how you can get either the dog or the tenant out without legal ramifications for breaking the lease.
Send them a letter demanding they remove the animal or move out.
You don't have to say when they have to move out, but you know that will be August, at the latest. At least try to scare the tenants into keeping their wild animal indoors (that's what it is, not a pet IMHO).
You said that you're "considering" not renewing their lease in August? What in the world... are you judgment-proof? (probably not, being a LL)
I would contact aniaml control to make sure they are ware of teh rpoblem. Then make sure you record the dates;times and who you spoke to. Its their duty to enforce any vivious dog ordinances. That owuld clear as having acted reasonably in any future incidents.You are noit liike most laws cahrged with enforcing the law but to act as a good citizen.
You might be able to require the tenants to keep the dog muzzled at all times when not eating. That would at least prevent the dog from biting anyone even if it did manage to get loose.
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