Tenant's police dog bit another tenant

[Anh Pham]

Hello Everyone,

Hoping to get some advice.  We just settled on 1/6/15 on 12 townhome complex and inherited 11 tenants (1 vacancy).  One of the tenant is a police with a police dog living with her.  After we settle, the seller informed us that around 1/2/15, a biting incident happened between the dog and another tenant.  The tenant had to be taken to the ER, but had to catch a flight to Costa Rica the next day so she didn't get to talk to the seller or to interview with the police.  The police tenant said that it has been reported and documented and she seems to be keeping quiet and keeping herself in the house.  No one have seen the dog.  Well, last Sunday we came there to clean up the vacant townhome and saw that the tenant went to pick the dog and he is now back on the complex.  We have a pet addendum with the lease that say we can issue a cure or quit notice and demand the dog be removed within 48 hours.

My brother-in-law, who just graduated from law school, said we have to be careful with service and police dogs and that there are exceptions made for them.  Obviously we don't want an aggressive dog that had bitten someone on our property but don't know what the repercussion are in trying to remove a police dog.  Not sure why the police department would keep the dog in service because liability issue.  Any advice?

Thank you!

Anh

[Jon Tyler]

Wowza! You've got several things happening here, none of which I would touch without a lawyer's advice.

If the Seller knowingly withheld non-obvious information material to the property (possible pending litigation), I don't see how the Seller could not be held responsible if this goes south on you.

Second, service animals have certain protections. Not sure if that extends to police animals. Should you be required to allow an animal that has harmed someone, service animal or not?

Sorry I can't advise you better.