Pit Bulls-- changing pet policies mid-lease?

Question

I was wondering if I could get some opinions/suggestions on the best way to handle this situation.   I have a duplex, that's fully renovated with ceramic tile throughout, so we have an open pet policy.

Our first tenant stated he had a "mixed terrier" which I thought was a Scottish Terrier  (like http://theterriermix.com/), so we signed the lease without seeing the dog(never again!).  It's pretty much a pitbull, however it has no aggressive history and is very nice/sweet.     Tenant has renters insurance.   We also have in place a statement saying the dog is not aggressive and doesn't have an aggressive history.    We stated we take all breeds, as long as they have renters insurance and the dogs don't have any aggressive history.  So the tenant isn't technically going against anything in our contract.

Now, the new tenants on the other side of the duplex wants to get a pitbull, and they are saying that "since the neighbor has one, they should be allowed to get one too."    When we agreed to first dog (yes, we should have seen it first), we didn't know it was pretty much a  pitbull.    Our insurance said they cover pretty much all dogs, but not pitbulls.   I even said to the insurance company "great, because one has a terrier-mix" and he didn't say it wouldn't be covered, so I assume it's not an issue, as the tenant stated it was a "terrier-mix" to us.   Since pitbull isn't a breed, not sure how to cover that?  Both renters have at least 100K in liability insurance on their policy.  The original tenant has been great, pays on time and is a respectful military client, so the dog hasn't caused any issues.

What is the best way to handle this?   Tell them that the neighbors dog is a "terrier-mix," and they're allowed that?  Try and implement a new pet policy before the newer tenants get a dog, and say tough luck, no pitbulls?   Kick the original dog "terrier-mix" out, and implement a strong pet policy?  Tell them we're changing our policy next time they sign the lease?  Demand I am put on their insurance?   Say they need more insurance~ $1M? Get large PUP?  Both tenants have 1 year leases, that just started within a few months, and have passed all other tenant qualifications, and are overall very responsible people.

I may be overreacting, but I'd rather be proactive with this than reactive after a bite.   Please help!

~Linda

Ps.  Our new policy moving forward is cats okay, small dogs only.

Jason Hirko · Answer

Exactly right... Linda's fault for not knowing dog breeds. Here's my Staffordshire Terrier... he is ruthless - if you're a tennis ball

Wes Peters · Answer

Im not sure what the problem is? Your policy seemed to work on the first tenant, why is it a problem with the second tenant? Just because its a Pit bull you think the dog will eat children and destroy tile?  Pit bulls are not inherently more destructive or aggressive than any other breed of dog, they have a really bad wrap thanks to Television. I understand many ignorant people obtain these dogs and condition them to fight because of there natural strength, but those that have been conditioned for that purpose and the people who get them for that purpose are very easy to screen. I have a 90lb pit mix who has never so much as scratched my rental house or been aggressive towards neighbors.  I believe people should be focusing more towards the behavior of the dog and its owner,  than the breed of the dog. And please please!!do not require a dog to be  on a chain! Thats just cruel!

Stephanie Medellin · Answer

Linda D.  Your first tenant wasn't lying - dogs commonly called "pit bulls" are actually English Staffordshire Bull Terriers, American Staffordshire Bull Terriers, and Bull Terriers.  So they are part of the terrier family.

http://www.akc.org/dog-breeds/groups/terrier/

Deanna McCormick · Answer

New tenant didn't have dog on move in, so unless your lease with him states specifically HE can have a dog. He's out of luck. If he had a dog at move in you would have written that as part of his lease.  It wasn't a part of your original terms so sorry I can't help you. I made a new pet policy for my property, any pets have to be under 20 lbs adult weight.  Pet rent per month is XXXX and pet deposit is XXXX also. If you want to add a pet you'll have to give me 60 day notice prior to the end of your lease and I'll review it at that time for consideration.

He's not able to add a pet until lease renewal.

The neighboring tenant has a separate lease and doesn't concern him, that tenant was under his own terms. Give that tenant notice your pet policy has changed so your letting him know come lease renewal he will have more than enough time to weigh out his options.

you dont need the headache of a large breed dog , personally I don't do pets

Mike Cumbie · Answer

Hi Linda D.,

Let them know that your insurance will not cover Pit Bulls. You have a grandfather clause in with your insurance carrier for the current one. If they put up too much of a fight let them know that you will not fight them on it, they can get one you will have to change to a high rate insurance for the remainder of their lease. Once that time is up there will not be a renewal. If there is a renewal it will include a "significant" increase to cover the high risk insurance.

Good Luck!

A point for them to consider is once they have that animal as a pet, the places they will be able to rent when they are out of yours is limited. Especially affordable.

Linda S. · Answer

Awww, let me just say, if it wasn't for insurance, I personally would be fine with the breeds, as in my personal opinion, it's the owner that determines if a dog is aggressive or not.  I was hoping to offer bigger dog, more pet friendly places, because I'm a huge animal lover,  but insurance is drawing the line at pit bulls :-\

Linda S. · Answer

That's great advice,  thanks!

Jassem A. · Answer

if they are good tenants and the dogs are house trained and they carry a liability policy for 100k or more then I probably wouldn't worry too much about it.

I would tell the neighbor the other tenant lied about what breed of dog they were bringing in but that it is being dealt with. You can do a cure or quit or ignore it. Not really their business anyway.

Account Closed · Answer

You don't have to tell one tenant anything about the other tenant. Dogs are not a protected class; you can discriminate against individual dogs based on whatever criteria you want, and you can change the criteria from one dog to the next whenever you want. (Though a lease is a lease so unless the lease is broken by the tenant, you can't break it either.)

I have State Farm and allow all breeds in theory, but do rigorous screening of the individual dog. I probably wouldn't allow a puppy or new [to the tenant] dog because the temperament is unknown.

As for renter's insurance, my recommendation is to require higher than minimum liability for any renter with dogs, and list yourself as an interested party (if not additional insured) so you'll know if the coverage changes or is dropped. I would also probably make sure not to have anything related to a pit bull type breed on any written records or communication with the tenant. If god forbid something happens with the dog, it's going to be a battle between your insurance company and the renter's insurance company over who is liable. If the tenant can show that you knew what breed it was, your insurance may have less reason to cover any damages.

Don't let this alarm you. I'm a former pit bull parent. But as a result, I know that any dog can bite.

Lastly: no tie outs, please!

Stephanie Medellin · Answer

Linda D.  And insurance companies will ask more in-depth questions if you tell them you have a terrier.  (i.e. Does it have short hair or long hair?  How big is your dog?)

State Farm does not discriminate, although it might be state specific.

Pit Bulls-- changing pet policies mid-lease?

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