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Updated about 6 years ago, 11/16/2018

User Stats

120
Posts
18
Votes
Dave S.
  • Investor / Wholesaler
  • Erie, PA
18
Votes |
120
Posts

Tenant's Dog Bites Roofing Contractor...Now what???

Dave S.
  • Investor / Wholesaler
  • Erie, PA
Posted

The headline says it all... The roofer ended up with 5 punctures which drew blood. The contractor is being reasonable and has requested the tenant to have a blood test performed on the dog to look for rabies. The bite happened about 2 weeks ago and I dont believe the blood work was done yet. The property manager sent a letter to the tenant instructing him to remove the dog from the premises...My tenant then, out of the blue, hired an attorney....Basically saying that we didnt give him "a 2nd chance" with the dog. The lease clearly states that if an animal attacks a human being without provocation that I have a right to have the animal removed. The letter from the his attorney did state that he wants to settle this amiably and stay in the property till the end of the lease. 

Thoughts on the matter? If i dont do anything about this now, Im concerned about it happening again (what if it was a young child)? Nevertheless, If i allowed the dog to stay wouldnt I be liable if something would happen again?

Next steps?

Property manager wants to file for breach of lease based on harboring a dangerous dog and now this is starting to cost me money. 

User Stats

13,926
Posts
12,725
Votes
Replied

You will be held liable if you allow the dog to stay, fair warning. I hope the attack was reported to the authorities so the animal and owner are on notice.

The dog has now been there two weeks longer than should be allowed, I would have given 24 hours to have it out or begin eviction process. This is a serious matter and you best hope it is out before it attacks again.

This is why landlords should never allow pets. Better safe than sorry.

User Stats

43
Posts
12
Votes
Cathy T.
Pro Member
  • seacoast area, NH
12
Votes |
43
Posts
Cathy T.
Pro Member
  • seacoast area, NH
Replied

There is no accurate "blood test" for rabies. The only reliable way to test for rabies requires testing the actual brain matter...impossible to do on a living animal.

  • Cathy T.
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    User Stats

    6,766
    Posts
    7,280
    Votes
    Matthew Paul#2 Contractors Contributor
    • Severna Park, MD
    7,280
    Votes |
    6,766
    Posts
    Matthew Paul#2 Contractors Contributor
    • Severna Park, MD
    Replied

    Contractor should call animal control and report it

    User Stats

    27,320
    Posts
    40,201
    Votes
    Nathan Gesner
    Property Manager
    Agent
    Pro Member
    • Real Estate Broker
    • Cody, WY
    40,201
    Votes |
    27,320
    Posts
    Nathan Gesner
    Property Manager
    Agent
    Pro Member
    • Real Estate Broker
    • Cody, WY
    ModeratorReplied

    Tenant's Dog Bites Roofing Contractor...Now what???

    Put a bandage on it.

    Seriously, I would notify the tenant that the dog must be removed from the property immediately. If they refuse, evict them. Your job is to remove the liability and you can't do that as long as the dog stays.

    • Nathan Gesner
    business profile image
    The DIY Landlord
    4.7 stars
    150 Reviews

    User Stats

    27,320
    Posts
    40,201
    Votes
    Nathan Gesner
    Property Manager
    Agent
    Pro Member
    • Real Estate Broker
    • Cody, WY
    40,201
    Votes |
    27,320
    Posts
    Nathan Gesner
    Property Manager
    Agent
    Pro Member
    • Real Estate Broker
    • Cody, WY
    ModeratorReplied

    P.S. What breed is the dog? If it's on the list of dangerous breeds then insurance typically won't cover it. Your PM shouldn't allow animals that are not covered by insurance.

    • Nathan Gesner
    business profile image
    The DIY Landlord
    4.7 stars
    150 Reviews
    Account Closed
    • Rental Property Investor
    • Indiana
    93
    Votes |
    125
    Posts
    Account Closed
    • Rental Property Investor
    • Indiana
    Replied

    What if your PM doesn't know that they have a vicious dog?  Tenants constantly move in and then get animals and don't tell anyone, especially if it is a dog breed that they are not supposed to have.  Who would be liable then?  PM doesn't know, landlord doesn't know...does insurance cover that?