Legacy tenant with pit bull - Landlord Forum thread 236678

Legacy tenant with pit bull by Mike T (California) on October 5, 2011 @18:28

I recently purchased a multi-unit building (all on month-to-month). One existing tenant has a dog, no other pets. We were unaware of the breed on purchase. Selling agent said it was 'mixed'. The previous lease state no pets without prior consent of owner, but apparently had a verbal with the previous owner.

I do not allow pets in the building, but planned to make an exception since they were an existing tenant. In drafting a new month-to-month rental agreement, I crafted a pet policy and requested additional security deposit for the dog. As I reviewed the paperwork with the tenant, I asked the breed... Pit Bull. I left the paperwork (unsigned) and contacted my insurance company. They will not cover the Pit Bull and I must sign a wavier.

What risks do I have in evicting the tenant, giving the appropriate 60-day notice per the existing month-to-month agreement? Does that change if they offer 'give the dog to a family member'? I am concerned the dog will visit most of the time.

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Re: Legacy tenant with pit bull by Bunny MAGIC on October 5, 2011 @18:46	[ Reply ]

If the tenants are all on a month to month in your units, you may give the tenant with the pit bull an advance notice that you are terminating the tenancy on a specific date. If the tenant has been there longer than a year, the advance notice might be 60 days instead of 30 days--and it depends on what state you're in too and as A.T.SF (CA) posted in a recent thread, there may be additional stipulations "if you are in a Rent Control City/County or if this is a SFH vs. Multifamily Dwelling in a rent control environment." You don't have to give a reason, but if the tenant has been there for a while and has paid rent on time and keeps the place clean, you might want to mention insurance considerations--maybe others with more experience could chime in here. If the tenant offers to give the dog to a family member, draft a new M2M agreement with a specific pets clause and that the new M2M will go into effect on a specific date(follow the law on this). Here's what I have in my M2M--it might need tweaking for your purposes: "Pets & Animals: No pets or animals of any kind from the animal kingdom are allowed on or about the premises at any time under the terms and conditions of this agreement. Pets or animals of guests/visitors are not allowed at any time on or about the premises under any condition. Do NOT feed stray pets or animals." I include the wording "animal kingdom" because that pretty much covers any living breathing thing that is an animal but isn't homo sapiens. It prevents me from listing every kind of animal someone may have as a pet. Often, people will say they didn't think I meant fish, which is why they have a 40 gallon aquarium! ... or they didn't think I meant an iguana, because they're not animals, they're reptiles...or they didn't think I meant their cockatoo because that's a bird and not an animal. Yeah, I guess those folks failed Life Science/Biology.

Forgot to say by Bunny MAGIC on October 5, 2011 @18:49	[ Reply ]

You're not really evicting them, you're just giving them notice of termination of tenancy. Also, if they are good, clean, quiet and pay their rent on time, you may want to make the suggestion that they give the dog to a breed rescue (or a family member) and then re-do your M2M Rental Agreement to cover your rear end about animals that visit.

Re: Legacy tenant with pit bull by ERIC on October 5, 2011 @18:51	[ Reply ]

Generallay, a lab-mix is a pure bred pit bull in renter lingo. Just give notice to give up the dog or move.

Re: Legacy tenant with pit bull

Re: Legacy tenant with pit bull by A.T.SF (CA) on October 5, 2011 @19:55	[ Reply ]

Your insurance carrier has given you the perfect reason for addressing the issue with this tenant...they will not cover your liability for this breed of domesticated animal. In recent years the appellate courts in California have allowed landlords to issue a notice of potential dangerous animal. Jendralsky v. Black San Francisco where a married couple ( Criminal Defense Attorneys) owned 2 Presa Canario Mastiffs that malled a neighbor to death in the hallway of the apartment building because she was wearing a cologne that insighted the dogs. You can give the tenant a choice to stay and rid of the dog or move giving the tenant 60 day notice.

Re: Legacy tenant with pit bull

Re: Legacy tenant with pit bull by Anonymous (washington state) on October 5, 2011 @22:30	[ Reply ]

I am a landlord and also a owner of a American Pit bull Terrier" I am an advocate for this breed of dog and take a lot of offense to this breed being banished in so many states. I understand that insurance company's and many other people are ignorant about this breed. I have owned poodles, German Shepards, a rottweilers, and a Chihuahua/Pa pillion mix. What is so interesting to me is that the Chihuahua and the poodle were the most aggressive dogs I have ever owned and not easily trained. My APBT is very welled trained and the most docile, loving, dog I have ever had and I can not wait for the day that people stop discriminating against this breed and banning the bad people instead. Some people are just clueless, before this it was the German Shepard, then the doberman, then the Rottweiler, now the pit bull maybe by this time next year the insurance company's and everyone else will realize its not the dog but the owner. Just venting because my insurance co for my multi-family unit I own won't allow this breed either and it just makes me angry.

Re: Legacy tenant with pit bull by LunaC on October 6, 2011 @10:00	[ Reply ]

just give them their notice; no 'give to family' excuse allowed - just get 'em out