Tenant (friend) bought pitbull after living in rental

Rental Property Investor · South Bend, IN · Member since 2019 · 19 posts · 7 votes

Hi everyone,

I had a friend reach out about a situation he is in. He has been living in a town house for awhile now and he just adopted a dog (part pitbull) and now his landlord is trying to evict him. He sent me the lease and there was no mention in it of anything regarding to pets/dog. It made me curious for myself in the future about my rentals-- if a tenant brings in a pitbull and there is nothing about it in the lease, can yo evict someone for that? Thank you in advance.

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Nathan GesnerBusiness Member

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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

1. How was the property advertised? If it said "no pets" or "pets must be approved by Landlord" or something to that effect, then your friend is wrong.

2. The lease says nothing at all? If that's the case, your friend could be in a he said/she said scenario. The owner could claim that he told your friend verbally or that he said it in the advertisement.

Regardless, your friend is in the wrong. He should talk to his landlord before placing an animal or another person in the rental instead of acting like he owns it and can do anything he wants. Everyone knows animals create wear-and-tear and just about everyone knows Landlords don't always approve them.

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Corby GoadeBusiness Member
Investor · Boise, ID · Member since 2014 · 3k+ posts · 3k+ votes
3y
Yep, absolutely. That's a lease violationa and it's grounds for an eviction. No different than the tenant deciding to violate the lease by not paying any longer.
It's important that you hav a thorough lease that you know from front to back AND how it complies with local laws.
BTW- no insurance company will insure for injury or damages caused by bully breeds- that is why they aren't allowd in most rentals.
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Richard F.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
3y
Aloha,
??????? What are you leaving out here? I am reading "no mention...of anything regarding pets/dog". I am interpreting that as you stating there is NOT a "NO PETS" policy mentioned, or any acknowledgment that a dog would be allowed.
If there is NOT a clear policy, there is nothing to prevent the Tenant from getting a dog. If a prohibition of pets is not clearly in the Rental Agreement, or in "House Rules" for the property, it does not exist. You must provide "NOTICE" of any/all restrictions withing one of those documents, otherwise there is no expectation someone would know about it.
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John Mocker
Insurance Agent · Norwalk, CT · Member since 2016 · 2k+ posts · 1k+ votes
3y
Ryan,
Many leases have a clause that indicates that a tenant does something that increases the hazard (ie. starts running a business out of the house, etc.) that they are liable for the increase in insurance cost. It may also allow the eviction of the tenant if the condition is not remedied. The Landlord may be facing a cancellation due to your friend's decision to get that breed of dog. I know that, in most states, it is extremely difficult to get a standard Insurance policy on a rental with certain dog breeds.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
1. How was the property advertised? If it said "no pets" or "pets must be approved by Landlord" or something to that effect, then your friend is wrong.
2. The lease says nothing at all? If that's the case, your friend could be in a he said/she said scenario. The owner could claim that he told your friend verbally or that he said it in the advertisement.
Regardless, your friend is in the wrong. He should talk to his landlord before placing an animal or another person in the rental instead of acting like he owns it and can do anything he wants. Everyone knows animals create wear-and-tear and just about everyone knows Landlords don't always approve them.
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Ryan Swigart
OP
Rental Property Investor · South Bend, IN · Member since 2019 · 19 posts · 7 votes
3y
Quote from @Corby Goade:

Yep, absolutely. That's a lease violationa and it's grounds for an eviction. No different than the tenant deciding to violate the lease by not paying any longer.
It's important that you hav a thorough lease that you know from front to back AND how it complies with local laws.
BTW- no insurance company will insure for injury or damages caused by bully breeds- that is why they aren't allowd in most rentals.

Thanks for the response Corby. I get what you are saying but in their lease there was no pet policy included in it. But, I do think it is different than a tenant not paying any longer because that is in the lease, there was nothing saying no dogs allowed.
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Ryan Swigart
OP
Rental Property Investor · South Bend, IN · Member since 2019 · 19 posts · 7 votes
3y
Quote from @Richard F.:

Aloha,
??????? What are you leaving out here? I am reading "no mention...of anything regarding pets/dog". I am interpreting that as you stating there is NOT a "NO PETS" policy mentioned, or any acknowledgment that a dog would be allowed.
If there is NOT a clear policy, there is nothing to prevent the Tenant from getting a dog. If a prohibition of pets is not clearly in the Rental Agreement, or in "House Rules" for the property, it does not exist. You must provide "NOTICE" of any/all restrictions withing one of those documents, otherwise there is no expectation someone would know about it.

Hi Richard,
That was my understanding as well. You interpreted that correctly. That's is why I'm confused and questioning the landlord trying to evict if it was never mentioned in the lease. Thanks for the insight.
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Corby GoadeBusiness Member
Investor · Boise, ID · Member since 2014 · 3k+ posts · 3k+ votes
3y
Quote from @Ryan Swigart:

Quote from @Corby Goade:

Yep, absolutely. That's a lease violationa and it's grounds for an eviction. No different than the tenant deciding to violate the lease by not paying any longer.
It's important that you hav a thorough lease that you know from front to back AND how it complies with local laws.
BTW- no insurance company will insure for injury or damages caused by bully breeds- that is why they aren't allowd in most rentals.

Thanks for the response Corby. I get what you are saying but in their lease there was no pet policy included in it. But, I do think it is different than a tenant not paying any longer because that is in the lease, there was nothing saying no dogs allowed.
It is not different. A lease is black & white. You either follow it or you do not.

It would be ridiculous to think that anything not mentioned in a lease would be acceptable behavior. Does the lease say that they are not allowed to operate a day care? Does it mention anything about offering boarding for race horses?

Obviously, those are ridiculous examples. The point is that the absence of an explicit rule is not a legal or reasonable way to justify behavior.
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Ryan Swigart
OP
Rental Property Investor · South Bend, IN · Member since 2019 · 19 posts · 7 votes
3y
Quote from @Nathan Gesner:

1. How was the property advertised? If it said "no pets" or "pets must be approved by Landlord" or something to that effect, then your friend is wrong.
2. The lease says nothing at all? If that's the case, your friend could be in a he said/she said scenario. The owner could claim that he told your friend verbally or that he said it in the advertisement.
Regardless, your friend is in the wrong. He should talk to his landlord before placing an animal or another person in the rental instead of acting like he owns it and can do anything he wants. Everyone knows animals create wear-and-tear and just about everyone knows Landlords don't always approve them.

Hey Nathan,
The property had not mention of any pet policy in the lease. I 100% agree with you that he was in the wrong. The post was more for my curiosity, if there is no pet policy how is it possible to still evict someone for that? I have in my lease (no aggressive dog breeds) but after this situation I think i should be even more specific. Thanks for the insight.
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Ryan Swigart
OP
Rental Property Investor · South Bend, IN · Member since 2019 · 19 posts · 7 votes
3y
Quote from @John Mocker:

Ryan,
Many leases have a clause that indicates that a tenant does something that increases the hazard (ie. starts running a business out of the house, etc.) that they are liable for the increase in insurance cost. It may also allow the eviction of the tenant if the condition is not remedied. The Landlord may be facing a cancellation due to your friend's decision to get that breed of dog. I know that, in most states, it is extremely difficult to get a standard Insurance policy on a rental with certain dog breeds.

Hi john,
I get that and understand why that makes it so important to address that in the lease because of those insurance issues you may face. But, if it wasn't in the lease can you evict someone after the fact? Thanks John
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
Quote from @Ryan Swigart:

It will be difficult for the Landlord to prove his case in court, but it would also be difficult for the Tenant to prove his. Whomever presents the best argument will win.
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Peter MckernanBusiness Member
Residential Real Estate Agent · Irvine, CA · Member since 2013 · 2k+ posts · 1k+ votes
3y
Quote from @Ryan Swigart:

Hi everyone,
I had a friend reach out about a situation he is in. He has been living in a town house for awhile now and he just adopted a dog (part pitbull) and now his landlord is trying to evict him. He sent me the lease and there was no mention in it of anything regarding to pets/dog. It made me curious for myself in the future about my rentals-- if a tenant brings in a pitbull and there is nothing about it in the lease, can yo evict someone for that? Thank you in advance.

Typical leases have a pet clause in them, you can have them or you will not be allowed to have them. This seems like either it's a spotty lease, or there is something in there about a pet(s) living at the house and nothing noted by your friend.
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
3y
If there is no pet clause, then it is unlikely the landlord would win in court; however, doing something like bringing a pet in should have been passed by the landlord. Yes the landlord will likely have issues with insurance (as will your friend) due to the breed of the dog.
1 Reply
Luka Milicevic
Real Estate Agent · Nashville, TN · Member since 2015 · 2k+ posts · 2k+ votes
3y
I have a pet policy that outlines what pets are allowed and not allowed. I will name the exact pet, their breed and their name. It goes on to say any other pet must be approved by me, the landlord.
If I went by a property and saw a pitbull or pitbull mix, I will issue a correct or quit notice the same day. I don't care what PETA or any other anecdotal experience anyone has had. Pitbulls are aggressive and very dangerous breeds. No, it's not "the owners"...it's the dog.
My sister in law was attacked by 2 pitbulls. My wife was attacked by one and tore her clothes apart. Our injury lawyer said 100% of his cases are pitbull/pitbull mix dogs. He even won a lawsuit against the state where 2 pitbulls killed a woman. They are the number one named breed in injury lawsuits.
Check your insurance policy too. Your insurance probably names several breeds that it deems as aggressive.
In the case of your friend, it's a he said/she said issue since there is nothing in the lease...it can get messy.
As advice going forward for you as a landlord. Make sure to have a clear pet policy and enforce your lease.
1 Reply
Matt Devincenzo
Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
3y
Quote from @Corby Goade:

Quote from @Ryan Swigart:

Quote from @Corby Goade:

It is not different. A lease is black & white. You either follow it or you do not.
It would be ridiculous to think that anything not mentioned in a lease would be acceptable behavior. Does the lease say that they are not allowed to operate a day care? Does it mention anything about offering boarding for race horses?
Obviously, those are ridiculous examples. The point is that the absence of an explicit rule is not a legal or reasonable way to justify behavior.

I disagree, it is different. A tenant choosing to have a pet is a common and reasonably foreseeable event to be addressed by the lease. Since that is the case, and the LL has the upper hand in drafting the lease, his choice to forego doing so leaves it for the tenant to interpret.

Obviously that doesn't mean the tenants actions are acceptable, but if I was the LL I'd not be so confident in winning in this case...

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Ned J.Pro Member
Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
3y
I'm in the camp that if a lease doesn't have provisions in it for some very common scenarios like "pet vs no pet", then most courts are going to side with the tenant. The scenario is VERY common and most leases are going to have that provision in it that either specifically states they allow pets or they dont....so if there is ZERO either way in the lease, the door is open to have one and could go either way depending on the court/judge that day.
The LL argument would have to use other provisions about the safety of the unit, insurance limitations etc, to win the case
That doesn't mean what your friend did was right.. and the LL has every right to be pissed and insist the dog need to be gone. And IMO it would be stupid for your friend to actually take this as far as going to court
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Gerald Kieffer Jr
Scottsville, KY · Member since 2018 · 17 posts · 1 vote
3y
Follow the law and the contract. Our lease has very clear policies regarding pets and we even have a separate non-refundable pet deposit associated with it.
1 Reply
Colleen F.Pro Member
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
3y
@Ryan Swigart I would suggest your friend try to find a new place. Regardless of if he wins now the landlord could impose a pet restriction at renewal. Also if it was advertised no pets that would make a difference.
I just adapt the pet clause no pets with the exception of named pet in the lease for example. On a larger scale you can have a policy.
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Ray King Sterling
Member since 2022 · 8 posts · 8 votes
3y
Quote from @Corby Goade:

Yep, absolutely. That's a lease violationa and it's grounds for an eviction. No different than the tenant deciding to violate the lease by not paying any longer.
It's important that you hav a thorough lease that you know from front to back AND how it complies with local laws.
BTW- no insurance company will insure for injury or damages caused by bully breeds- that is why they aren't allowd in most rentals.

Corby, I'm sorry but how is it a lease violation when it (No pet rule) was not initially mentioned in the lease?
1 Reply
Ryan Smid
Rental Property Investor · McHenry, IL · Member since 2023 · 6 posts · 1 vote
3y
Hello,
Was there any pet policy in the lease? If there was, then he went again his lease so he's in the wrong. If there wasn't, he needed to provide notice as I'm sure the lease would have a clause about unexpected changes like income, friends moving in, etc. Maybe your friend can work with the landlord to put a pet deposit down if the landlord is okay with that?
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Melanie ThomasBusiness Member
Real Estate Broker · San Antonio · Member since 2022 · 1k+ posts · 491 votes
3y
Communication is key here. Some solid responses here. Good luck & happy investing!
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Ryan Swigart
OP
Rental Property Investor · South Bend, IN · Member since 2019 · 19 posts · 7 votes
3y
End result- my buddy had renters insurance that covered the dog, no matter what the breed is. An attorney of my buddy laughed at the lease and said he could easily win the case. But, my buddy agreed to moved out the following month instead of dealing with the headache.
Thanks for everyone’s input, definitely a learning experience and glad I wasn’t a part of it haha
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Jim K.
Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
3y
@Ryan Swigart

That sounds about right, but I would not put that much faith in the renter's insurance covering the dog's damages if the dog bit someone. As far as having a dog when the landlord's lease says nothing about pets -- that's the landlord's problem and he's not going to win an eviction case without the lease mentioning squat about pets.

All the same, your friend is probably making the right decision. There are no property managers worth their salt who do not have pet clauses in their leases and additional independent pet agreements in their arsenals of tools to deal with tenants they wants or don't want. Whoever this landlord is, this is a hobby for him, if your friend stays as his tenant, he'll be repeatedly treated as the subject of a hobby by a hobbyist. This never works out well.
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Alan AsriantsBusiness Member
Real Estate Agent · Philadelphia, PA · Member since 2019 · 1k+ posts · 1k+ votes
3y
Adding a pet, or another occupant is a violation of the lease. You must get approval from your landlord first
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Scott Mac
Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
3y
If the owner wants the renter out, the renter will never win.

He/she may stay a few months, but there will be non-renewal at contract end for sure.

Best case scenario might be for renter to ask for a few hundred dollars for moving expense and move to a place that allows Pitbull dogs to live there and negotiate a move out date.

The clock is ticking on the renter, as far as staying, the question is how long will it tick until he is out. Either at the end of the lease (non-renew) or before with legal action.

Good Luck!

https://www.forbes.com/advisor/homeowners-insurance/banned-dog-breed-lists/

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Christine I.
Member since 2022 · 49 posts · 13 votes
3y
My insurance company does not allow "dangerous breeds". That particular dog would have to go.
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