Removing tenant Pit Bulls from rental property?

Question

I recently purchased a Duplex and one tenant has a pair of Pit Bulls.  He was on a month to month lease I have given him 60 Days Notice to vacate.  He is on day 30 of 60, has paid the moth's rent as required and has told me he hasn't found another place to live yet. I am not sure if i will have to begin eviction proceedings. If I do, it could take a month or three here in California.

Question: Does anyone know if it's legally possible to have his dogs removed ASAP , rather than waiting for the end of the eviction process?  They have been identified in California as a vicious breed and my insurance will not cover me if they stay. If I have to wait an extra month or so I'd at least like to remove the hazard from the property.

Anyone have experience with this?

William Morgan · Answer

Thanks for the great info everyone.

Joel, wow great info. I have been through both units very and knew what I was getting into.  It was a short sale and I didn't have much leverage on terms or contingencies with the bank or the seller. The Seller being an heir of the estate had no LL experience and had been collecting rent for a couple of years without paying the mortgage (or screening tenants). The Tenants are on a month to month so the lease is immaterial, but it did allow pets.  The research I have done on dog bite liability in CA matches your advice - namely if the LL fails to take action to remove a breed deemed viscous the LL may incur liability if the dogs injure someone. In all honesty I just want them out of the neighborhood.  It's a family neighborhood and many of the neighbors I've spoke with express concern over the dogs since they've been allowed to moved in.

Hopefully an eviction can be avoided but I suspect he's going to have a  hard time finding a new place for them too.

Thanks for weighing in  Jerry, looks like I cannot automatically separate the dogs from the  eviction process.

Jerry W. · Answer

Usually you must get the tenant evicted to get their pets out.  In some courts you can get an emergency Order to get them removed, but you usually have to post bond and show an emergency.  just because they are pit bulls will not be enough.  If they have attacked someone it might work.  See an attorney in your area for the best information.

Mark B. · Answer

I would encourage you to find a local eviction attorney who knows your judges.  Go to eviction court and observe, see which are effective and ask other investors locally.  Hopefully you won't need one, but it may be worth a hundred or so to prepare and grasp what your next steps are so you can execute the moment you need to. I agree, you want the pits out ASAP, and for the exact reason you want them out they are going to have a hard time finding another place.

If you are going to make the claim that your insurance company won't cover them, get that in writing.  Many will make the claim, but can't back it up with paper which may be required at some point. If you can get it in writing, possibly you have a reason to change the terms of the agreement solely relating to the dogs because of a material change in circumstances? Lawyer question.

You may/probably want to get additional insurance for the situation as long as it lasts.

Matthew Paul · Answer

If you think the animals are being abused , you can call animal control . They will come out and determine if there is any problem . If there is they will remove the animals . If not they should still find out if they have licenses , shots etc.

Joel Owens · Answer

Will did you not walk these units when buying??

If I saw pits and knew I didn't want that tenant then I would either wait until the owner evicted the tenant ( the benefit is I can assess damage before closing and negotiate a credit). The downside is unless I pay cash interest rates might rise while waiting for the tenant to get out on my loan for the property or down payment required might change.

So in these cases if you see pits and you know you will be evicting you get an escrowed rent amount as a credit from the seller for whatever damages and lost rent you believe the unit will incur before getting closing and getting them out. This is the same as a bank selling REO with tenants in it. My price will be much lower than if vacant because I can't assess final damage and lost time to get tenants out. Were the pit bulls disclosed on the lease or were they a surprise that the owner didn't even know? If it's a violation of the lease and the animals were not approved you can immediately start taking steps to evict as a violation of the lease.

The tenant will say they will get their own insurance to cover the dogs but they pay one month and show you and then cancel. You have to show you are actively as a landlord removing the tenants and taking action as a violation of the lease. If for example you know about the pits but waited say 15 or 30 days to start eviction and the next door neighbor was bitten by the pit they could sue you the landlord for negligence using a pro bono attorney who fishes for quick cash. Insurance wouldn't cover you and you would be looking at paying out of pocket.

You need to call animal control for the city or county. You can ask the tenants if the dogs belong to them. Sometimes they are keeping them for a friend or family member because their place doesn't allow them or they got kicked out etc. Animal control can usually come out and require them to fill out paperwork stating the animals belong to them. If they don't animal control can usually take the animals away and place them in the pound. The owner would then have to go there and pay money to get them out along with signing papers. If it is someone's animal you CANNOT forcibly remove the animal just because they are violating the lease. You have to wait to evict and if the tenants still have not left and the Marshall is coming and you know dogs are there you schedule animal control ahead of time to be there to remove the animals while you remove the tenants belongings and place them where the Marshalls instruct.

YES as you can tell I have been through this process many times before. Luckily I no longer own this property that gave me such a headache. Call to see how things operate specifically in your area.

No legal advice

William Morgan · Answer

Hi James, thanks.  I don't want the dogs even if they could be insured. My concern though is the dogs staying as the eviction process drags on.

I'd like to have them out sooner if my tenant decides to drag his feet and not leave.

James Wise · Answer

I know that farmers insurance has a personal liability policy here in Ohio that covers pit bulls. Not sure if it will work in Cali but may be worth looking into.