New landlord - Current tenant has a Pitbull, best way to proceed

General Landlording & Rental Properties
8yFollow

New landlord - Current tenant has a Pitbull, best way to proceed

Ricardo Murph II
Specialist · Cleveland · Member since 2015 · 90 posts · 24 votes
Just closed on a Duplex in Cleveland Ohio. When setting up insurance with a broker the company with the best rates does no allow for pitbulls. Well my tenant has a pit and two chihuahuas. He is on month to month paying undermarket rent. He has been there for 4 years. The upstairs unit is vacant. I was hoping to keep him around until I get the upstairs rented which could take a couple months since it needs some work. I was then going to put him on a lease if he wanted to pay market rent and pet rent. Or allow him to move out. The insurance broker say the dog has to be out in 30 days. The insurance premium for the plan that doesn't have any dog exclusions is an extra $1000 per year. What is the best way to approach this? I am not ready for a new lease where I raise rent $150 because the tenant might move and leave me 100% vacant. Should I look for more insurance and not share so much info this time? Should I just ask him for get rid of his dog without taking about a new lease? Should I just bring a new lease to him with market rent that includes no pitbulls and $25 per month pet fee per little dog?
1Reply
159 views

Most Popular Reply

Brian Garlington
Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes
8y

@Ricardo Murph II

Bite the bullet and get rid of the tenant ASAP.   Tell him that your insurance company will NOT allow anyone that has a pit bull and since he is month to month anyway, he needs to go. DO NOT throw it in his face he is paying below market rent. He knows this. 

You're worried about your vacant unit upstairs? Trust me...your prospective new tenants in the vacant unit will see that their prospective new neighbor has 3 dogs including one pit bull and you will have a very hard time renting that other unit. Plus...You dont ever want them to have conversations with each other and your inherited tenant brags about how little he pays....

You also need to do this NOW because trying to get tenants to move anywhere in Cleveland once November through March hits is VERY difficult. Start the eviction process with him now while you're getting the other unit fixed up.  Then you will be able to rent BOTH units out at market rent and you will have less headaches.

18Reply
See this reply in the discussion

49 Replies

Jump to latestLatest
  • Benjamin Small
    Rental Property Investor · Jacksonville, FL · Member since 2016 · 20 posts · 5 votes
    8y

    Ask him if he will get rid of it and go from there. Assuming that he is not willing to get rid of the dog, offer him a couple hundred bucks to get rid of it. If he is still unwilling, then you might have an issue. You could get roped in to being liable should something happen and the dog hurts someone, including if he hurts the owner himself. It is opening you up to some liability.

    0Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    8y

    Stall for a month then you give him a notice to non renew. This is the advantage of M2M and why all tenants should be M2M.

    Don't waste your time asking him to get rid of the dog. If he is under market it is generally far better to just get rid of all inherited tenants. Hussle to fill the other unit and then replace him with a new one that can afford market rents.

    Just get rid of him.

    7Reply
  • Brian Garlington
    Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes
    8y

    @Ricardo Murph II

    Bite the bullet and get rid of the tenant ASAP.   Tell him that your insurance company will NOT allow anyone that has a pit bull and since he is month to month anyway, he needs to go. DO NOT throw it in his face he is paying below market rent. He knows this. 

    You're worried about your vacant unit upstairs? Trust me...your prospective new tenants in the vacant unit will see that their prospective new neighbor has 3 dogs including one pit bull and you will have a very hard time renting that other unit. Plus...You dont ever want them to have conversations with each other and your inherited tenant brags about how little he pays....

    You also need to do this NOW because trying to get tenants to move anywhere in Cleveland once November through March hits is VERY difficult. Start the eviction process with him now while you're getting the other unit fixed up.  Then you will be able to rent BOTH units out at market rent and you will have less headaches.

    18Reply
  • Ricardo Murph II
    OP
    Specialist · Cleveland · Member since 2015 · 90 posts · 24 votes
    8y
    @Brian Garlington @Thomas S. @Benjamin Small thank you all for replying. Sounds like I need to get him out and move on. His unit needs work too. I can just buy two of everything and maybe get some deals. To get him out I need to give him 30 days notice beginning of September to be out by the end of September? Is filing for evection necessary?
    0Reply
  • Bjorik Mutize
    Real Estate Broker · Minneapolis, MN · Member since 2016 · 530 posts · 398 votes
    8y

    I foresee a a lot of flack during the conversation to get rid of the dog.

    Either way i'd say honestly communicate the situation to your tenant high level, if and then proceed to 30 day notice then go from there. 

    0Reply
  • Ryan Evans
    Rental Property Investor · Cleveland, OH · Member since 2016 · 653 posts · 769 votes
    8y

    I wouldn't even bring up the dog or the under market rent. I literally went through this same situation and have the tenant and their pitbull moving out in a week, hopefully. I ran the situation past my attorney since there are a lot of ways it could go down (I also inherited tenants with only a verbal lease which can get messy). But I ended up giving them a very formal change of ownership, which doesn't do much other than show you're serious. Then I followed that with a notice to vacate and some other documents regarding the lack of a lease. 

    They took it surprisingly well and totally got it. That's just what happens when a property sells. So it ended up being pretty stress free. I'd give notice of the lease termination and just see how it goes. If they respond negatively you might have to evict, but they might just pack their bags. 

    Either way, I agree with everyone in just getting them out. Leaving them would be bad precedent for the new tenants in the other unit. 

    3Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    8y

    To give 30 days notice you must give notice before the end of the month to be out by the end of the following month. You must give notice before August 31 to be out by the end of September. If you intend to non renew for the end of September give notice today. This will allow your tenant maximum time to find a place and move. Hopefully you have his LMR since it is unlikely he will pay for September. If he does not pay you must begin the legal process to collect September rent regardless of the fact he is being non renewed. 

    Keep in mind this is a normal situation for our business and you simply work through it.

    1Reply
  • Rich Rodman
    Rental Property Investor · San Francisco, CA · Member since 2017 · 43 posts · 17 votes
    8y
    If this were me, I’d be honest with my tenant and let them know that pitbulls aren’t supported in your insurance and that he has to either get rid of his dog or move out. Chances are you’re going to have a vacant unit as a result (people rarely just abandon their pets) but that’s something you can account for. I 100% would not try to go around your insurance provider and I wouldn’t mention that they’re paying below market. This is black and white - you can’t have pitbulls and he/she has one. Your options are to get rid of the dog, or move out.
    1Reply
  • Brian Garlington
    Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes
    8y

    @Ricardo Murph II

    And in the future as you acquire more rental properties you now know you need to get an Estoppel signed by your tenants you are inheriting BEFORE closing

    2Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    8y

    You should have known about the Pit Bull and the insurance requirement before closing. Give the tenant 30 days notice and chalk it up to a learning experience. In the meantime, start working on the upstairs unit and get it rentable as quickly as possible to minimize your loss.

    The DIY Landlord Book4.7247 Reviews
    WebsiteView Page
    4Reply
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    8y

    @Ricardo Murph II I agree with @Ryan Evans that you should not mention the dog at all. Just explain that you are rehabbing the entire property and need it vacant so you are not renewing his lease. Keep the dog out of it in case it goes to court and you get some pit bull loving activist judge. Vacancy for rehab is a completely legitimate reason to not renew. If he wants to rent again after rehab is complete, just explain he would need to apply like anyone else. After you rehab, I would put a weight and breed restriction on tenants with dogs. Especially in multifamily. Even if your insurance allowed the pit bull, many people would not want to live in a property with a dog like that. 

    0Reply
  • Michelle Prince
    Property Manager · Tulsa, OK · Member since 2018 · 2 posts · 0 votes
    8y

    One question is he currently in a lease where the dog is listed as a pet or is he month to month?  If in the lease you would not be able to ask to move or remove the dog until the lease is expired with giving them a 30 days written notice.  If they are month to month then you can give them a 30 days notice anytime typically.  Honesty is always the best policy, at the same time if you non-renew them you technically do not have to give them a reason.

    0Reply
  • Michelle Prince
    Property Manager · Tulsa, OK · Member since 2018 · 2 posts · 0 votes
    8y

    In the end I agree with Nathan G. since the Tenant is month to month.

    0Reply
  • Marci Stein
    Rental Property Investor · New York, NY · Member since 2011 · 956 posts · 510 votes
    8y

    If the dog is friendly and tenant agrees to market rent , 

    get insurance which does not deny pittbulls. 

    They are a part of his family and to ask him to get rid of him is mean . 

    I’ve got 2 Pitts in my homes and no problems with them at all . 

    2Reply
  • Ricardo Murph II
    OP
    Specialist · Cleveland · Member since 2015 · 90 posts · 24 votes
    8y
    @Brian Garlington @Nathan G. I actually got and estoppel agreement signed after learning about in on BP. That is why I know the breeds. My issue came because I didn't seriously pursue insurance till closing. I only had general quotes to run my numbers. I will just ask him to vacate so I renovate. Pretty straight forward since he knows the place needs work. Does anyone have a vacate end of month to month lease document that you could send me or do I need to go to a lawyer?
    2Reply
  • Alex BekezaBusiness Member
    Lender · Los Angeles, CA · Member since 2018 · 2k+ posts · 1k+ votes
    8y

    @Ricardo Murph II

    When I had to find a house to rent with my two rescued pitbulls a few years ago I understood how may land lords would feel about it.  So I always offered an additional $100 per month as well as obtained a special renter's insurance policy with State Farm which specifically covered Pitbulls + $1m in damages including dog attacks etc.  Even though I knew that day would never come I understood that I faced an uphill battle to earn a land lords trust.  So maybe State Farm offers a similar product for the homeowner..... My agent's name was Reggie but I don't have any contact info on me anymore.  

    I totally understand the investors' points of view on here but figured that I would speak from someone who's been on the other side.  I would be totally honest with the guy about everything you're facing as a Business Owner (landlord) and see if you can strike a mutually beneficial deal.  

    Of course, I'm not telling you to give up any of YOUR rights.  Business is business.  Work within the letter of the law  and follow your insurance guidelines but don't shoot first and ask questions later.

    I hope it all works out for you and you're able to get the unit up to snuff and command market rents!  

    [email protected]818-606-8823
    Investor Property Loan5308 Reviews
    WebsiteView Page
    5Reply
  • Caleb Heimsoth
    Rental Property Investor · Durham, NC · Member since 2016 · 7k+ posts · 7k+ votes
    8y
    @Ricardo Murph II I woukd find a different insurance broker
    1Reply
  • Amy Beth
    Rental Property Investor · Edison, NJ · Member since 2016 · 753 posts · 565 votes
    8y
    @Ricardo Murph II. I would find another insurance company.
    2Reply
  • Dustin Derrick
    Rental Property Investor · Roanoke, VA · Member since 2017 · 4 posts · 0 votes
    8y
    @Ricardo Murph II State Farm is a good option. A small increase in an insurance binder might be worth keeping a tenant, assuming he pays on time and has no other issues. The under market rent should have been on your radar. A modest increase should be perfectly fine. Other tenants should have no concerns about what he is paying if their unit has been rehabbed. I just went through this same scenario. If you plan to have a no pet policy for the rehabbed unit, it probably won’t work. Keep him on month to month and put another modest increase in place after the other unit is rehabbed. The situation might take care of itself, or he may keep paying and allow you some increased rent and more time to allow the new unit to generate cash!
    0Reply
  • Ronald Starusnak
    Property Manager · Syracuse, NY · Member since 2016 · 601 posts · 384 votes
    8y

    Find a different insurance agent. If you allow dogs, then you should allow "Pitbulls". There is nothing wrong with a Pitbull, it's the owners you have to worry about. I've seen aggressive dogs of every breed. The other thing you can do is have him get his own insurance instead and add you as additionally insured and make him pay the bill.

    1Reply
  • Jose Harnett
    Member since 2018 · 2 posts · 0 votes
    8y
    @Ricardo Murph Demand they get proof of pet ( dog) insurance and renew each rental cycle. This way you are not responsible . Also write into the lease that the dog must be on a leash at all times while on common areas of the house.
    0Reply
  • Cheyenne Gillis
    San Jose, CA · Member since 2015 · 1 post · 0 votes
    8y
    @Marci Stein @Alex Bekeza I agree. I have a pitty too and they are wonderful dogs, as any dog can be, when raised properly. Having myself been a renter, a home owner, and a landlord, I understand the insurance issue, but a pet who is well behaved should not cause a person to lose their living situation. There are insurance companies that won't ask the breed, just whether or not there is a recorded instance of the dog being aggressive. You can find other insurance if your tenant is a good tenant and you want to keep them around. :)
    0Reply
  • Chris Szepessy
    Catskill, NY · Member since 2018 · 636 posts · 668 votes
    8y

    I would also shop around for different insurance. One of my tenants has a "pit bull" and she has her own policy with State Farm to cover the dog. The dog isn't aggressive one bit, but she had the insurance from her last place. This current tenant probably knows that it's going to be difficult to find another place, so he's probably going to be a pretty good tenant. 

    As for the people who say "if another potential tenant sees that someone has a pitbull in the building, they won't want to rent there," I say, good, you don't want them as tenants anyway. It's not about the breed, it's about the owners. Have you met the dog? I'm a mailman and see hundreds of dogs a week. The most aggressive dogs I've come across seem to be "family dogs" aka labs. 

    0Reply
  • Linda S.
    Investor · Richmond, VA · Member since 2016 · 1k+ posts · 2k+ votes
    8y

    @Ricardo Murph II,

    A lot of great advice on this thread.   I absolutely agree  that you just need to serve him a 30-day notice of non-renewal.   If he asks, just state it's new ownership and you will be doing rehab, and that he can reapply once it's renovated.   With landlording, IMO the less you say, the better.   

    2Reply
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    8y
    Originally posted by @Chris Szepessy:

    I would also shop around for different insurance. One of my tenants has a "pit bull" and she has her own policy with State Farm to cover the dog. The dog isn't aggressive one bit, but she had the insurance from her last place. This current tenant probably knows that it's going to be difficult to find another place, so he's probably going to be a pretty good tenant. 

    As for the people who say "if another potential tenant sees that someone has a pitbull in the building, they won't want to rent there," I say, good, you don't want them as tenants anyway. It's not about the breed, it's about the owners. Have you met the dog? I'm a mailman and see hundreds of dogs a week. The most aggressive dogs I've come across seem to be "family dogs" aka labs. 

    Let me get this straight, you want pit bull owners in your properties and you say "good" if you scare away tenants that are uncomfortable with pit bulls? That is an interesting tenant screening process. 

    There are countless stories of the loving family pit bull killing a child or turning on their owner, with no previous signs of aggression. In fact every pit bull attack story the owners say "they were never aggressive". Any animal, regardless of how good the owners are, can turn in a second. It usually happens when they feel threatened. The difference with a pit bull is their strength gives them the ability to kill. There are also many breeds with above average aggressive tendencies, so regardless of the owners best efforts, the wild cannot be taken out of them. 

    There is a reason that most every insurance company prohibits pit bull and certain other breeds. It is about risk analysis. The actuary has done the math and determined the financial risk is too great. The actuary uses claim data to determine risk. If labs were as viscous as you claim, they would be on the list too. 

    Actuaries know risk better than mailmen and better than landlords. 

    1Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free