Tenant's dog attacked my husband!

Tenant's dog attacked my husband!

Landlord · Sioux Falls, SD · Member since 2016 · 100 posts · 58 votes

Two weeks ago my tenant's dog (listed on her lease) attacked my husband as he dropped by to deliver a Christmas basket (no good deed goes unpunished?).  Jumped up and went for my husband's throat/neck but fortunately my husband was able to duck and instead got bit in the face and mouth (rather than a potentially fatal neck wound).  My husband turned to run and was then bit on the backside twice before tenant could restrain dog.  Authorities were notified and dog was quarantined for 10 days but is now back at the house.  After discussing with our attorney, we decided to withdraw consent for the animal as this places us at risk of liability for potential future attacks, since we know now how vicious the animal can be, even when unprovoked.  Our lease gives us the option to revoke consent for the animal, providing 30 days notice to the tenant.  We have offered her 30 day notice to get rid of him, as well as the option to terminate the lease early without penalty if she doesn't want to get rid of the dog (which we don't have to do, but are doing so out of kindness).   I have emailed, texted, called and sent a certified letter, but still no response from tenant whatsoever.  We are obviously hesitant to go to the house in person out of fear of future attacks but I know hiring an eviction is expensive, and we are not to that stage yet - just want to communicate with her on her plans.  Attorney says we can threaten to sue for injuries from dog if tenant is uncooperative, but we want to avoid that, and an eviction, if at all possible.  Any suggestions?  I am honestly shocked that our tenant is being so avoidant/elusive, with how kind we are being given the circumstance!!  We could certainly go after her just for my husband's medical bills, but instead are being kind and understanding - but getting very frustrated at her lack of reply!

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Rental Property Investor · Salem, OR · Member since 2017 · 696 posts · 660 votes
7y

@Sarah B. First, I am so sorry this happened and I hope your husband heals up fast.  Ok, now I get mean.

1. This is another reason you REQUIRE renters insurance.  Do you know if they have it?  If they do you need to let your insurance company know so they can go after them.

2. I am probably suing them if this is me.  Sorry,  well behaved and safe animals do not do this kind of thing.

3. I am also contacting the police and local animal control and seeing what can be done to get the animal put down.  That will depend on state but in many, an animal that attacks like that is DONE (AND THEY SHOULD BE) that could have been a kid and it could have killed them..

4. ALSO I am evicting them.  There are several items in the lease probably covered by this.

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  • Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    7y

    Never use threats.  If you are going to sue (which i would definitely do) don't threaten to do so, just do it.  

    Start eviction immediately.

    You and husband should stay away from the property--follow your state's L/T laws and hire a competent professional to handle.  Once tenant is served with proper paperwork, do not communicate with the tenant except through the person handling the eviction.

  • Rental Property Investor · Los Alamos, CA · Member since 2016 · 114 posts · 62 votes
    7y
    Originally posted by :

    I would start and complete the eviction process. It is fairly inexpensive to file and have a process server give them notice. That avoids a situation where the tenant claims they didn't receive notice. 

    I can tell you from experience that once a tenant goes dark and is unresponsive, it is all down hill. Most likely once they are served notice to quit, they will just leave on their own. 

    +1 to this advice here. You tried to engage and be nice, I probably would have done the same. But that didn't work in this case.

    Getting the 3-day notice served isn't that expensive work with a law firm that has done this before.  If you end up having to go to court, costs go up, but it may not come to that. In my limited experience, the most expensive part of an eviction is the lack of rent until I get another tenant in the unit.

  • Lender · Pensacola, FL · Member since 2017 · 658 posts · 626 votes
    7y

    When a fellow tenant's dog bit me on the hand last year, the leasing office took photos of the bite and had me fill out and sign a report about what had happened. I was subsequently told the dog was evicted, but I don't know if the owner followed the dog out the door or was allowed to stay. The apartment allows pets (with vaccination papers) as long as they are not of a vicious breed. There is a also a clause prohibiting "aggressive behavior" no matter the breed. The dog that bit me was small and the bite marks cleared up quickly.

    Florida has a leash law and the owner had the dog on a leash, but was distracted by her phone. The dog lunged at me (it had a reputation of being aggressive, but hadn't bitten anyone yet). What got me piqued was when I showed the owner the bite, she seemed indifferent (no apology or anything). One of the maintenance staff witnessed the event and encouraged me to report it to the office. I didn't report the incident to the authorities, but I understand Florida has a one-bite-and-your-out law that prohibits the judge from giving the dog a second chance.

  • Whitman, MA · Member since 2018 · 104 posts · 80 votes
    7y
    @Sarah Buchanan That dog is a danger to the safety of the public. If it gets out again it could attack again and the outcome could be worse. The dog needs to go today. Is the property fenced in? The owner is unable to handle that dog. Needs to go now.
  • Rental Property Investor · Fitchburg, WI · Member since 2016 · 91 posts · 60 votes
    7y

    This is pure insanity. I am really glad your husband is okay!

    If your tenant isn't responding at all then the only way forward is at the minimum to evict. There's really no other option. Their dog attacked and could've killed your husband and they have the nerve to ignore you afterwards? What a BS situation! Talk to your lawyer and get the eviction started ASAP. Also, I am a dog lover and always have and always will have dogs--anyone who raises a dog that would do something like that unprovoked I would NOT want as a tenant!

    I would also definitely sue for medical bills, any lost wages, and put pain and suffering on the table for negotiation. You can always settle for less if you want to.

    Both of you should stay away from the house,  and ensure the incident is reported to the police. Get photos of the wounds as son as you possibly can and write a detailed account of what happened.

    All the best, I hope your husband's injuries heal quickly...

  • Rental Property Investor · Atlanta, GA · Member since 2016 · 325 posts · 253 votes
    7y
    Originally posted by @Richard Sherman:

    @Sarah B. while your attorney is at it for the renter, have him fire off a demand letter to animal control, the county (I am assuming it is county, if not then City) manager, probably copy the DA and local police demanding that they handle this and holding them responsible for future issues with the dog of which you have notified them....that should light the proper fire.... we did something similar for a neighbors dog at one of our properties that bit a child from our property.  Attorney letters are a GREAT weapon...usually not more than a couple hundred bucks.

     I absolutely agree with this recommendation, hold their feet to fire (animal control and local law enforcement). They will react quicker than you think just to avoid liability and a fear of long drawn expensive legal battle. They will take easy way out by doing what they should have done in first place. You already have an attorney anyway. Second, sue the tenant for your husband's injuries. If your tenant were attacked by your dog, would they have treated you like the way you are treating them? Once these two events take place you will not have to worry about eviction as they will disappear over the weekend. However, if they do not, then know that eviction filing is very cheap, less than $200. 

    We don't allow dogs in any of our properties. Few months ago one of our new tenant sneaked up a pit bull. As I was doing my late evening drive through ;) inspections, I heard dog barking so I asked my friendly neighbor of the rental and he confirmed that tenant got a dog over the weekend. I texted her immediately and told her of lease violation. Same night, emailed her official lease violation notifying that their tenancy will terminate in seven days unless dog is removed in next 24 hours. Next day posted the same notice on the door and mailbox. They got the message, dog was removed, she confirmed and I did my random drive by to double check.  

  • Rental Property Investor · SF Bay Area · Member since 2018 · 49 posts · 54 votes
    7y
    Cane corso is like a pit bull on steroids in stature and attitude! Your husband is lucky to be alive, that is a fighting dog. I was living in the Bay when the 2 killed the lady and the owners got the piss sued out of them. Getting that dog out of there should be your #1 priority right now.
  • Lender · Pensacola, FL · Member since 2017 · 658 posts · 626 votes
    7y

    I hope your husband recovers OK, but to head off any additional issues, here is a question for your lawyer: Are you now exposed to a greater liability risk if this vicious dog living on your property injures someone else?

    A Florida lawsuit (involving a convicted sex offender rather than a vicious dog) is being filed against the owners and managers of an apartment complex, claiming they could have prevented a tragedy if they had been on the ball. In your case, you already have firsthand knowledge of the potential danger and while I'm not a lawyer, I would think you might be held accountable by a civil court if you don't take steps to remedy the situation before someone else gets seriously injured.

  • Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    7y

    "Cane Corso" my foot. That's actually a common tenant's dodge for "hundred-pound overbred pit bull," just as pointed out above.  My dad used to raise pit bulls, excuse me, American Staffordshire Terriers, so I was around them all through my childhood.

    The tenant knows exactly what's going on. No one owns a dog like that and calls it that without knowing the score.

    Forget my earlier advice about opening the lines of communication. That woman knows her next place to stay is a cardboard box as long as she owns that dog. This one's got eviction written all over it, Sarah, I'm sorry.

  • Fairfield, CA · Member since 2016 · 29 posts · 22 votes
    7y
    Google "Death of Diane Whipple. Diane Alexis Whipple (January 21, 1968 – January 26, 2001)". Your husband is lucky to be alive after that encounter. I've been a dog lover all my life but having dogs that are so large and uncontrollable when they become violent is irresponsible to me. I would have been at my Attourney's office so quick he would have been wiping blood from his desk. I use to work for the state and it didn't matter who was truly at fault, it was a guarantee multiple state agencies would be added as a respondent (deeper pockets). Every day that dog is there I'd be worried of being added as a party to the lawsuit renters insurance or not. I'm not an Attourney but I've been in a lot of court proceedings over the years and all they have to prove is prior knowledge. Good luck.
  • Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
    7y

    Are you 100% sure the tenant is still even there? Have you physically been to address to see if they have not just bolted? If they love that dog, they may be in fear that it'll be put down, so they could have moved out in the middle of the night. 

  • Real Estate Investor · Marysville, OH · Member since 2014 · 242 posts · 196 votes
    7y

    I would just evict TBH if they are unresponsive to your notice to get rid of the dog.

    I'd also contact the renters insurance company directly to file a claim.

  • Rental Property Investor · CA · Member since 2018 · 225 posts · 180 votes
    7y
    @Sarah Buchanan I can tell you have figured it out, but cane corso should be “vicious” breed. I took a bully Ray dog training course and the trainer specifically said she would never get that breed. Search Diane Whipple, she was a tenant in an apartment building and another tenant had 2 cane corso dogs that her son trained to guard a meth lab. She took control of the dogs when her son went to prison.
  • Real Estate Agent · Troy, MI · Member since 2018 · 39 posts · 21 votes
    7y
    Evict the tenant, they’re the ones at fault. Unfortunately all the blame is put on the dog when in reality it is a stupid and neglectful owner. This is the unfortunate issue when you have bad owners and now everyone wants this dog gone. I hope your husband heals well and that dog is removed from that stupid owner.
  • Member since 2018 · 17 posts · 2 votes
    7y

    Don't know if its much help as I am a New Zealander by trade so the laws around here are quite a bit different. However, I suspect things work pretty similarly with animals. 

    Cane Corso's can be absolutely lovely dogs. Neighbors had one growing up and I loved it to bits. However when a dog with that much power and aggression behind it decides to turn its never pretty. If anything happens and someone else gets hurt you may have legal issues but you will also feel just plain horrid if you don't take all reasonable actions within your powers to have the dog dealt with. The potential damage a dog like that can do is not worth being nice over. Suing here's pretty rare so I don't really have an opinion on that. But $200 or so to evict the tenant/dog seems like a small price to pay to protect innocent bi-standers.

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    7y

    Just did a quick search on the breed. Several stories of fatal maulings all around the country. 

    As the property owner you may be liable if this thing attacks someone else.  You need to get it gone NOW. hopefully your pet policy stipulates dangerous dogs are required to leave on request. 

    Good luck

  • Rental Property Investor · VT · Member since 2017 · 233 posts · 147 votes
    7y

    It's been made clear that this breed can be vicious - I have friends that have 2 of them, they were always nice so I actually assumed this was a "nice" breed of dog! 

    Whatever you do, change your lease so you can ask for immediate pet removal for any reason.

  • Investor · Crown Point, IN · Member since 2014 · 177 posts · 84 votes
    7y

    if they aren't responding, and don't remove the dog. If the dog is dangerous to your husband, it's likely dangerous for others and creates a huge liability for you. If they are not responding and are unwilling to part with the dog, they need to go as well. You should begin the eviction process as soon as your 30 day's notification about the dog ends if the dog is still there. 

  • Jennifer T.Pro Member
    Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
    7y

    So sorry to hear this happened!  That must have been terrifying.  I hope your H heals quickly.

    I had my first 30 Day Notice to Vacate where the tenant was non-responsive a few months ago.  She had anger issues and I was quite surprised I didn't hear from her, in the form of a screaming and ranting phone call, after we posted the notification.  But not a peep.  This was how I handled it.

    Technically, she didn't need to contact me.  So I rolled with it.  She had 30 days and was notified she had 30 days.  A few days before her 30 days were up, I sent her a text message (our normal form of communication) to coordinate a convenient day/time to get the key back.  Radio silence.

    On the morning of the day after she should have been out (a Sat.), I sent her another text message.  I basically said I was assuming she had already moved out and, unless I heard differently, was going to be at the house later to change the locks and assess the condition.  Only THEN did she reply back they hadn't moved out yet.  I asked her about their status on that.  She said something brief and non-committal like "they needed more time".  I told her I could probably work with her, but needed more specifics.  No response.  After giving her a couple hours to respond, I reiterated that while I'd prefer to work on an amiable solution, I couldn't work in a vacuum.  And, if I didn't hear back from her, she was leaving me no choice but to file for an eviction on Mon.  Never heard back.  I filed and the next time I saw her was at the eviction hearing.

    Sent her a text again the day after the court ordered last day.  This time, she totally ignored it.  We went to the house, as planned.  And thankfully they were gone.  As much as I hate the hassle of evicting people, it is so satisfying to change the locks on a unit, once a pathetically bad tenant is gone.

  • Flipper/Rehabber · Rochester, NY · Member since 2018 · 5 posts · 0 votes
    7y
    @Sarah Buchanan take em to court, im not a reliable source to listen too, but ask landlords what you should do. I think you need to put the foot down and take the loss. And sue them when if they try anymore stuff. How id feel after being attacked by their dog
  • Rental Property Investor · Central U. S. A. · Member since 2013 · 296 posts · 149 votes
    7y

    Sorry you and your husband are going through this ordeal. 

    Looking to the future ... You need to establish a policy that limits dogs to 15 pounds or less.

  • Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes
    7y

    Wow. I do not allow dogs in my properties more for "quality of life for everyone" reasons than safety, but if I did I would certainly question the reasons why anyone would choose such a large dangerous breed.  That's not about companionship. Good luck getting them out.

  • Specialist · Easton, PA · Member since 2018 · 1k+ posts · 2k+ votes
    7y
    @Sarah Buchanan Not sure how, but your post made it onto my google newsfeed! I would evict ASAP!
  • Jacksonville, NC · Member since 2018 · 67 posts · 58 votes
    7y
    @Sarah Buchanan 1. Sorry to hear this happened to your husband. 2. I have heard to many bad stories about landlords and gifts ending bad. A Christmas or holiday card will do. 3. If you were the tenant, wouldn’t you be ******** your pants if it was your dog that you knew you were going to have to eventually put down. This reaction of avoidance and non-responsiveness is what I would expect with the situation. 4. Remember suing for medical bills and injuries versus removing the dog and/ tenant are two separate issues. Don’t get mixed up emotionally with the situation. Priority number 1 is liability to get the dog and/or the tenant out. Concentrate on that first. Go after tenant legally for damages later. 4. Hindsight is 20/20. Do your research on not well know dog breeds before leading to them. 5. Also, do you have a written policy about pets being quarantined or kenneled at the property if you or your husband have to enter the home? Safety should always be number 1 priority.
  • Real Estate Agent · Troy, MI · Member since 2018 · 39 posts · 21 votes
    7y

    Not to go on a rant, but I am going to chime in a little more. Hatred in dogs is taught, not bred. I have a big education in dog training. This can happen with ANY breed of dog if not properly socialized. If that is the case with this dog (and clearly it is) look at it from the dog's point of view. The dog considers that apartment its home, its territory, it was protecting its place. If this dog was properly socialized, this wouldn't have happened.

    It's EXTREMELY unfortunate that dogs get the bad end of the stick when this stuff happens, and owners walk off without crap. Heck, even dog fighters and animal abusers hardly get punished with your awfully broken system.

    Pitbulls, cane corsos etc are NOT dangerous breeds. They simply are more muscular and have a stronger bite, but I guarantee you ANY dog bite over 20 pounds is going to hurt and do damage. The reason people fight these dogs is not because they have this killing machine mentality, it's just because they're fast and strong - that's it!

    The reason you hear of these dogs injuring people is because they have previously been in the hands of horrible owners that did horrible things to them, YET there are millions of these dogs that have been raised properly that live happy each day.. If you only knew what these dogs go through with some owners, you'd sympathize a bit more...being left in a cage and beating the cage with a stick to build aggression...putting two dogs on treadmills face to face, inches apart, but  tied up so they can't reach each other to build aggression...throwing two dogs in the trunk of a car and riding around till one kills the other...

    OP, it's unfortunate what happened to your husband and I hope he heals very quickly. If you don't want to risk these things, simply don't allow dogs. That way you keep the bad owners out.

    Here's a pic of my two babies. Both rescues that are as sweet as ever.

    Enjoy your day everyone :)

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