Pet policy - Should I stand my ground?

Question

Hello,

I am looking for the BP community advice on how and when to stand your ground on pet policies. We've owned and operated 15 units across the midwest for the last five years. We've learned from the BP community the importance of having a pet clause in all of our leases. All of our leases state that a tenant must get written approval prior to getting a pet. We recently had a long term tenant get a dog. Instead of notifying us, we discovered the dog after a couple of complaints about a barking dog coming from one of the apartments.  The dog is a 12 week old Cane Corso Mastiff Mix. After some research I found this dog is known as a 'body guard' dog. It gets up to 110lbs. The apartment is a one bedroom at the top of a long flight of stairs. There is no yard other than a small common area out front where all tenants enter. The building is on a main street and land locked by other buildings. Meaning there is no nearby place to let the dog stretch his legs.

My initial instinct was to write up the pet addendum, assign a pet deposit and pet rent and remind the tenant they are supposed to get written approval before purchasing a pet. After reviewing the type of dog I feel this is not the environment for this dog. I don't think it's fair to keep a dog like this in such a small space.  Looking for your opinion. Should I allow this dog? If not, how do I go about asking the tenant to find a new home. They have been a great tenant for the past several years.

Thanks!

Travis Timmons · Answer

Nope...It's a 110 lb dog in a 1 bedroom apartment. There is no way that this ends well. Rip the band aid off and do what you have to do to get the dog out. You may not have to ask the tenant to leave; state clearly and directly that pets are not allowed without written approval. It violates the terms of the lease, so they can get rid of the dog or you can help them find a new place to rent. Don't be a jerk about it, but it's black and white. I'd suggest picking up the phone to talk before you send formal written notices. Don't take your tenant's word for it and be done, but start with a conversation.

Eric Gerakos · Answer

Why have policies if you don’t enforce them? Your tenant knew your pet policy and just ignored it.

Charles Carillo · Answer

@Troy Froistad

That dog might be banned by your landlord insurance. I would check with them to see what breeds are banned. If they are banned, you have no choice. Either way, a dog like this at your property adds a lot of legal exposure to you. If someone is bitten on your property, they may also have a claim against you, the owner of the property.

https://rentprep.com/blog/property-maintenance/landlords-ins...

https://www.fosterwallace.com/blog/defendants-in-a-dog-bite-...

Alecia Loveless · Answer

@Troy Froistad I used to show rare breed dogs and cane corsos were in the guardian group with my breed. If there’s not properly socialized from Day 1 they’re more likely to be aggressive. They also need an owner who knows how to handle a large aggressive type dog breed.

My particular dog breed was a bark off breed, they were designed to bark off the predators and just look nasty and puff up their hair to look bigger when threatened.

But Cane Corsos I believe are meant to be attack dogs. Just like with every breed if properly bred and socialized they can be fine. I think it would need a lot of exercise and room to stretch.

Definitely check with your insurance company because I know this was one breed specifically mentioned by mine when I checked once I just started accepting pets.

Theresa Harris · Answer

You have a no pet policy for a reason. They violated it and now you need to deal with it.  They may try to get around it by saying it is an emotional support animal (ie pet with fake papers).  I'd simply suggest that you talk to them and tell them no pets and if they want to keep the pet, you will let them out of their lease.

Nathan Gesner · Answer

1. The tenant violated your policy..

2. Animals that are young or newly adopted are the most likely to cause damage because the tenant has not trained them yet.

3. This could be a dangerous breed.

I would notify them they are in violation of the pet policy. I would hit them with a fine (if you have one defined) and demand the animal be removed within 48 hours, then conduct an inspection to confirm compliance. If they fail, terminate their lease.

Any time you set a rule, you need penalties for violations and you need to be prepared to enforce quickly and fairly.

Benjamin Sulka · Answer

Troy,

I love dogs with all of my heart but you have it written in your lease for a reason.

It's unfortunate that this is a good long-term tenant but you have to stick to your rules. If they have to move out, they have nobody to blame but themselves for violating the lease agreement.

It will be much more painful for you to have to deal with the potential consequences of this dog than have to deal with removing the tenant.

Good luck!

Mose Gebremeskel · Answer

Agreed!

Diane Chapman · Answer

Wowww😮.... T-h-a-t is a very large dog! Without going into too much detail, my ex-husband once had a dog like that. He got himself into a little legal trouble with the neighbors, complaints, court visits. The dog eventually bit & killed a smaller dog, so he was court ordered to pay penalties, face charges, plus get rid of the dog.

Pet policy - Should I stand my ground?

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