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Updated over 1 year ago, 06/19/2023
Potential Property Damage
I have a rental that has a few units on the property. There are two gates to enter on the property. Recently a few cows entered the property due to the gates being left open. I took pictures of the cows footprints leading onto the property. I plan to send all the tenants a message to keep the gates closed when not in use, also to keep the property from being damage by roaming animals.
The property is close to state land and sometimes there are roaming wildlife such as cows. Once I send them a message about keeping the gates closed and if they ignore it, who would be responsible for any damage if there would be any from wildlife?
Would they be held liable? Would I be liable and make claims with my insurance?
Unless a tenant admits responsibility, udderly the insurance company should make you whole. They could litigate until the cows come home though.
Good luck getting the tenant admit to it, you could notify them and then put up cameras to see who leaves the gates open just make sure to post the property is under survaillance (or speak to an attorney in the area to see if notification is needed), but in any sense I think you would also have to in writing and a signed "agreement" make the tenants aware that by leaving the gate open any damages incurred from that would be their responsibility.
Are these cows wild? It seems if they belong to a farm then the farmer would be liable for his livestock, and I don't understand as to why if it is a farm they belong too why your tenants are even using the gates that belong to the farm?
Quote from @Chris Merchant:
Good luck getting the tenant admit to it, you could notify them and then put up cameras to see who leaves the gates open just make sure to post the property is under survaillance (or speak to an attorney in the area to see if notification is needed), but in any sense I think you would also have to in writing and a signed "agreement" make the tenants aware that by leaving the gate open any damages incurred from that would be their responsibility.
Are these cows wild? It seems if they belong to a farm then the farmer would be liable for his livestock, and I don't understand as to why if it is a farm they belong too why your tenants are even using the gates that belong to the farm?
The cows are wild and they don't belong to anyone.
Quote from @Albert Johnson:
The cows are wild and they don't belong to anyone.
Okay that makes sense, not familiar with wild cows where I am from. But whatever you choose to do I would suggest running it by your attorney first just to make sure it is legal to do and everything is worded properly but I also doubt if the tenants know they will be responsible for damages they will never admit to being the culprit so without some sort of undeniable proof it will be hard to pursue them for damages.
It'll be tough if a tenant forgets the gate open. Mostly likely, you will still be responsible for damages from cows (or any other large wild animal). All you can do is set up a camera at the gate that detects motion and watch it. Then, you can sort out who is leaving the gate open.
I had a somewhat similar issue with an outside faucet that homeless of Fort Lauderdale would come to use for drinking/bathing. I put up a fence with a fate that automatically closes and now rarely have an issue.
I am not sure it would be worth the expense for you to set up a gate that does this. I guess the question will be how much will it cost and are you able to raise rents to cover it. This might be something you can bring up to your tenants. That conversation alone could bring compliance as no one is looking to have their rent raised.
#3 Managing Your Property Contributor
If there are multiple people using the property, it would be hard to determine who left it open short of you installing a camera. Have you thought about putting up a cattle guard?
@Albert Johnson
What is the actual damage and what is the cost of the repair? You may end up spending more time and effort trying to chase down money from tenants who you may not know are liable for something that is not a big cost.
- Chris Seveney
Quote from @Ray Hage:
It'll be tough if a tenant forgets the gate open. Mostly likely, you will still be responsible for damages from cows (or any other large wild animal). All you can do is set up a camera at the gate that detects motion and watch it. Then, you can sort out who is leaving the gate open.
I had a somewhat similar issue with an outside faucet that homeless of Fort Lauderdale would come to use for drinking/bathing. I put up a fence with a fate that automatically closes and now rarely have an issue.
I am not sure it would be worth the expense for you to set up a gate that does this. I guess the question will be how much will it cost and are you able to raise rents to cover it. This might be something you can bring up to your tenants. That conversation alone could bring compliance as no one is looking to have their rent raised.
I might just add the liability clause on the tenant once they decide to renew the lease, and add camera's at both gates.
The gates open up to a dirt road that leads to the main road.
If there is property damage to a tenants rental due to wild animals can I withhold some of the security deposit to cover some of the damage?
Quote from @Chris Seveney:
@Albert Johnson
What is the actual damage and what is the cost of the repair? You may end up spending more time and effort trying to chase down money from tenants who you may not know are liable for something that is not a big cost.
Right now there is no damage. I am trying to prepare myself in the event there is damage. A few days ago there were cows on the property because the tenant had notified me. When I got there I could see that the cows footprints leading through the gate.
Quote from @Albert Johnson:
Quote from @Ray Hage:
It'll be tough if a tenant forgets the gate open. Mostly likely, you will still be responsible for damages from cows (or any other large wild animal). All you can do is set up a camera at the gate that detects motion and watch it. Then, you can sort out who is leaving the gate open.
I had a somewhat similar issue with an outside faucet that homeless of Fort Lauderdale would come to use for drinking/bathing. I put up a fence with a fate that automatically closes and now rarely have an issue.
I am not sure it would be worth the expense for you to set up a gate that does this. I guess the question will be how much will it cost and are you able to raise rents to cover it. This might be something you can bring up to your tenants. That conversation alone could bring compliance as no one is looking to have their rent raised.
I might just add the liability clause on the tenant once they decide to renew the lease, and add camera's at both gates.
The gates open up to a dirt road that leads to the main road.
If there is property damage to a tenants rental due to wild animals can I withhold some of the security deposit to cover some of the damage?
Upon renewing the lease, you would definitely need to have an amendment which includes something like "Tenant agrees to close gate when entering and exiting the property. If tenant doesn't close the gate as necessary, tenant will be liable for damages from wild life that has entered the property." (Note I am a not a lawyer so you'll need to add the proper wording and disclosures, etc). Have them sign that amendment as well and verbally explain to them how important it is. That will prevent the majority of your future issues from coming up.
#1 Tenant Screening Contributor
- Property Manager
- Honolulu, HI
You know there is a problem with random, and possibly feral, cows entering the property, but you expect your insurance or your Tenants to pay for any damage they might cost? Sorry, this is your issue; YOU need to install a proper cattle guard to keep them out, as shown and explained here:
https://www.farmranchstore.com...
Quote from @Richard F.:
You know there is a problem with random, and possibly feral, cows entering the property, but you expect your insurance or your Tenants to pay for any damage they might cost? Sorry, this is your issue; YOU need to install a proper cattle guard to keep them out, as shown and explained here:
https://www.farmranchstore.com...
I didn't know until now. I was just asking advice.
- Real Estate Broker
- Cody, WY
- 40,259
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Quote from @Albert Johnson:
Install cattle guards or put a lock on the gate.
- Nathan Gesner
Quote from @Terrell Garren:
Unless a tenant admits responsibility, udderly the insurance company should make you whole. They could litigate until the cows come home though.
I see what you did there!
I'm curious where is this happening? I've been on farms before and I can tell you cows are friendly creatures but they are very big and heavy. They can unintentionally hurt someone really bad if they get scared and start running.
Can you not just get a gate with a hinge that self closes?
- Luka Milicevic
You may want to consider putting an automatic gate at the entrance(s) to the property such that if left open for a fixed period it will close itself.
My $0.02 ...
Quote from @Luka Milicevic:
#2 Contractors Contributor
- Severna Park, MD
Wild cows ? My freezer would be full .
Now if they are Bulls , different story