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Dog Bites

3/3/2021

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​Having a tenant with a dog can be a liability if their pet bites another tenant or neighbor.  Let us review a situation.
If a tenant’s dog bites someone on your property you must take the following immediate actions:  
Speak to the victim:
  • Let them know if the skin is broken, they should seek immediate medical attention.
  • Let them know that they have the option to call local animal control.
  • Advise them to take note of any witness to the action, both for your records, and legal matters (insurance or police) that may come up.

​Speak to the dog's owner - since there are two sides to every story, it is important that you speak to the dog's owner to see if they agree to the details provided by the victim, or if they dispute it.

Speak with other tenants in the building
- hear their perspective so that you will obtain a better understanding of the situation.
  • Did they witness the incident?
  • Have they ever felt threatened by the animal?
  • Have they seen the animal exhibit aggressive behavior?
  • Have they ever seen the victim provoke the animal?

Your action and your records
- the appropriate next step to take will depend on the following factors:
  • The victim's wishes - the victim of a dog bite may want the animal off the property, or they may no problem with the animal remaining on the property.  You should consult with the victim and get their input in writing, especially if they do not consider the dog to be threatening.
  • Your Lease Agreement and State and Local Laws - your actions may be dictated by the foregoing and
    • the inherited tenant:  if the tenant and dog came with the purchased property, you will have to abide by the terms of the original lease that they signed, and your actions could be limited to putting up Beware of Dog signs.  You could try and evict the tenant under the grounds that their animal poses a threat to the safety of your other tenants and those around it, but there is no guarantee that you would be successful.  You could send them a letter than their lease will not be renewed for cause.
    • they have a signed lease with you:  in this situation the terms and conditions of your lease will dictate the actions that you can take.

In all cases
  • You must document the complete incident including day, date, time, witnesses, and action taken by the victim.
  • If they claim the animal attacked them (or it was a misunderstanding).
  • If they want the animal removed from the premises.
  • What do your other tenants say about the animal.
  • What action should be taken or if no action at all.

​Your action

All the above should be in hard copy and distributed to the victim and the pet owner as soon as possible.
It is unfortunate that situations such as these occur, but as the landlord, it is your obligation to look out for the well-being of all of your tenants and the community in which they reside.  When an animal bites, the animal has become a liability and a danger to those around it.  You must take the necessary precautions, whether it be posting “Beware of Dog” signs, having the animal removed from the premises, having the tenant move-out, or evicting them.
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