Tenant's dog attacked my husband!

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Tenant's dog attacked my husband!

Sarah B.
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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Richard Sherman
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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  • Mark Nickoson
    Rental Property Investor · Dayton, OH · Member since 2015 · 79 posts · 85 votes
    7y

    Sarah,

         Sorry for you husband's dog bites.  I was bitten as a teen.  No fun.  I cannot add anything new beyond the advice that is already given. 

    To all the rest of us landlords,

          I think this is a real wake up call to check our leases.  Make sure tenants have renters insurance.  Thanks to @Alan Pederson on the first page for providing the wording for one of the clauses of his pet agreement.

    Mark

    1Reply
  • Jenna Lee
    Rental Property Investor · Seattle, WA · Member since 2018 · 66 posts · 21 votes
    7y
    @Sarah Buchanan OMG!! This is definitely a wake up call for all of the landlords on here. Very scary. . I am a dog lover but I believe humans come first!! It’s unfortunate the dog is as aggressive as it is, and it’s probably been either abused, or a fighter dog, but if it’s possessing a threat to humans, it needs to go~ and I am very upset that your animal control handled it so poorly. I mean what if the dog did get your husband on the right trigger point on his neck? That’s so scary, or what if it got a little kid somewhere? There has been incidences where landlords been sued for tenants stupidity, I would hope your never sued because of their dogs... . I would definitely evict them (even if the dog is gone, they didn’t disclose their dogs behavior, they are not trustworthy ppl) but even if it’s somewhat costly, I would make your lawyer go after the authorities to make sure that dog is gone.... and I would go after their insurance company to get the compensations back. And payment for your husbands injuries plus more!!! . I am seriously so sorry to hear about his injuries and I hope he recovers soon.
    0Reply
  • Ron Bell
    Member since 2018 · 1 post · 0 votes
    7y

    You are right, those dogs can be sketchy. Not as bad as a pit bull. Landlord 101: Never ever rent to anyone who owns a pit bull knows someone who owns a pit bull or thinks it is not the dog it is the owner. It is the opposite, it is the dog and not the owner!

    0Reply
  • Raymond Wai
    Castro Valley, CA · Member since 2018 · 5 posts · 2 votes
    7y

    @Sarah B. so sorry to hear this happened to your husband. I'll stick my neck out by saying this, but have you considered a cash for keys approach? The basic premise is you make an offer to pay a small sum of money to the tenant once they've vacated the property. Set tight deadlines, be firm and don't leave anything ambiguous. It sounds crazy to give something to your tenant after what happened, but if the goal is to avoid something more costly in both time and money like an eviction, which is a lose-lose proposition for both parties, this might not be as bad as it sounds especially if this gets the tenant to respond. Remember that you're still running a business and becoming vengeful/vindictive will likely cause the situation to escalate further. 

    0Reply
  • Jacob Villalobos
    Whittier , CA · Member since 2013 · 176 posts · 96 votes
    7y

    1. Never go to units unless you absolutly have to. I never get too friendly with my tenants because (See number 2) 

    2. Evict the tenant. Give them proper notice 

    ***3. If your really in the mood, sue the tenant for the dog bite, in my state its wroth about $5k 

    0Reply
  • Rob Golob
    Investor · Valparaiso, IN · Member since 2015 · 84 posts · 47 votes
    7y
    All the good advice not withstanding - The answer as to what to do is to ask your attorney what to do and follow his / her advice.
    0Reply
  • Mike G.
    Real Estate Agent · Las Vegas, NV · Member since 2016 · 589 posts · 275 votes
    7y
    @Sarah Buchanan Do the following tomorrow morning... Call animal control file a complaint and take pictures of your husbands injuries from the attack. ————————————————————- Call the police to have them assist animal control to get the dog out and euthanized ——————————————————————— Don’t waste any time being nice to this tenant. You tried to handle it like an adult and honestly you didn’t even owe them that courtesy considering what happened. ———————————————————————- So file for eviction tomorrow morning and get it going. Or have your attorney file for it just get it done and have a courier serve them without notice immediately. ——————————————————————— File a claim against their renters insurance policy, if it turns out that they don’t have a policy, then have your attorney Serve them with a notice of suit, preferably on Christmas Eve since it’s on a Monday. Let them know you mean business, Take care or your responsibilities as a land lord Or Expect what you accept..... That’s my .02
    2Reply
  • Joshua RodriguezPro Member
    Cranston, RI · Member since 2017 · 27 posts · 3 votes
    7y
    @Sarah Buchanan I’m sorry about what happened to your husband that’s terrible and I’m glad he was able to get away. On another note, Cane Corso dogs are not vicious unless an owner has made them vicious OR (as the breed is known for) it’s protecting his/her territory in this case it’s the home. The dog doesn’t know any better as to who your husband is, the dog just knows he’s not part of his family and sees him as a potential threat to his family. So while I agree the owner must get rid of the dog or move out, don’t jump to the conclusion that the dog must be put down because the dog is doing what he’s suppose to, he’s protecting his home. If a burglar was in the home trying to harm your tenants and the dog bit the burglar then the dog would be a hero, but the dog is doing the same thing he’s just protecting his home. Just my thoughts. Good luck with everything! Keep us on BP posted on how it turns out.
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  • Anthony Wick
    Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
    7y

    @Joshua Rodriguez Disagree completely with your post. The dog 100% needs to be put down. Is it terrible? Yes. Is it the dogs fault? No. It's always the owners fault. But we live in a civilized society wherein if a dog attacks a person, that dog needs to be put down, before the dog attacks more. This dog will not simply be nice now. It will absolutely attack again. And, the dog did not attack a burglar. Did not protect the tenant. The dog could have killed the landlord. The landlord's responsibility now isn't just to protect themselves, it is to protect the community. Imagine if the dog now gets loose and attacks a child walking home from school on the sidewalk. You know what the lawyers are going to do? Show that the landlord knew the dog was dangerous and sue the landlord for everything they own. And that isn't the worst part. The child got attacked. And I don't think it's a stretch to imagine this happening. You can feel terrible for the dog, but the dog is a danger. 

    2Reply
  • Anthony Wick
    Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
    7y

    Every single time I hear of a pit bull or like breed attacking somebody, I hear people say right away; "he has always been so sweet, even to my children. " And, "he's never done that before". And, "well, I own that breed and they are so nice and calm." Oh, you got yourself a rescue dog? Guess what? You have absolutely no idea what that dog is capable of. How do I know that? Because highly paid actuaries for insurance companies tell us they are a dangerous breed and are capable of what this dog in this thread did. Numbers are not emotional. Numbers do not care about your one dog. Numbers do not lie. 

    1Reply
  • Kyle Bruns
    Saint Louis, MO · Member since 2018 · 16 posts · 18 votes
    7y

    I think you are taking the right approach with this up to this point. With no response from the tenant you must escalate to the next level which is consulting your attorney and filing an eviction. You have done everything you can to settle this problem amicably, and should move forward with a clear conscience. I applaud your patience. While we only know one side of this story, I do think you should also follow up with animal control and make concerted efforts to ensure this dog is removed from the negligent owner. After you have done your part you can move on with  a clear conscience. There is also no reason for your family not to pursue medical expenses, and compensations from the attack. 

    0Reply
  • Stephen Aki
    Florida Central Gulf Coast · Member since 2018 · 31 posts · 9 votes
    7y

    So I read through all the posts and found them quite interesting. Being a newbie and getting ready to tread down the path of being a landlord it was very informational. I am glad that your husband's injuries were not worse and wish him a speedy recovery.  I have always had dogs and had to put one down because he attacked my son when I was stationed at Ft. Bragg, NC.  Very difficult thing to do as most pets become part of the family. I can understand the tenant's unwillingness to respond due to fear but they are also not taking responsibility for what occurred.  

    I saw that you had stated that you had certain clauses within your lease contract governing pets and I have seen several thoughts on how to mitigate risk by keeping dogs to a specific size, breed, etc. In my experience, the little guys tend to be more aggressive than the big dogs.  All my dogs have been about 35 - 130 lbs and with the exception of the hound lab mix (Leilani) I have now, none of them were aggressive. Leilani is very territorial but will not bite unless she feels you are a threat, we keep a close eye on her!

    My question is, the use of a clause that specifically outlines bites or attacks, has anyone used them in the contract? I think it would be a good practice to put in a clause that basically states if a dog attacks or bites someone that the tenant must remove the dog from the premise or, if they wish not to do so, vacate the premise within a certain time frame. Would this make it easier to deal with an incident like this? 

    0Reply
  • James Galla
    Attorney · Akron, OH · Member since 2016 · 535 posts · 389 votes
    7y

    You ought to just consult a lawyer and proceed with the understanding that your lawsuit will cause the tenant financial hardships. This may inevitably lead the tenant to being able to pay the rent. So, if you are able to evict, I would proceed with that as well, assuming the tenant doesn't come forward with favorable terms for you and your husband.

    On the other hand, you seem like you are delaying. If my spouse were bitten by a dog, I'd have a civil complaint filed there next morning at 8 am. I have an agressive dog myself and I immediately lock him away at any time someone is at the door. Since you may not be committed, see what your attorney can do about a settlement so you can assess all your options.

    1Reply
  • Anne Smith
    Steinhatchee, FL · Member since 2017 · 77 posts · 69 votes
    7y

    I just shake my head when I hear someone say, oh its not the dog its the owner, and then show a picture of their pitt bull snuggled up with their 3 year old. Makes me cringe. I know case after case after case of pit bulls attacking kids, or killing other dogs, that were raised in great families. Pitt bulls are an aggressive breed. They've been bred this way for decades and decades. Its why you dont ever hear of poodle fighting rings. Or border collie fighting rings. My best friend has 2 pitt bulls that came from show lines, and she is even a little concerned about them when people are around. She locks them up. And wont let them around other dogs. I hope the OP contacts the appropriate authorities before someone is killed.

    2Reply
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    7y
    Originally posted by @Anne Smith:

    I just shake my head when I hear someone say, oh its not the dog its the owner, and then show a picture of their pitt bull snuggled up with their 3 year old. Makes me cringe. I know case after case after case of pit bulls attacking kids, or killing other dogs, that were raised in great families. Pitt bulls are an aggressive breed. They've been bred this way for decades and decades. Its why you dont ever hear of poodle fighting rings. Or border collie fighting rings. My best friend has 2 pitt bulls that came from show lines, and she is even a little concerned about them when people are around. She locks them up. And wont let them around other dogs. I hope the OP contacts the appropriate authorities before someone is killed.

    Every time a pit bull kills an owner or kills children, the story is always the same. Everyone says how gentile the dog was and it was never aggressive. They even show pictures of the dog snuggling with the child it mauled to death. I disagree though - it is the owners. Not that the owners did anything to provoke the dog, but the fact that owners naively believe these are safe animals. Every pit bull is like holding a loaded gun with a defective safety. One wrong move and if the dog feels threatened - it will attack. These are wild animals. It is negligent to even own some of these breeds, which is why some cities and insurance providers have banned them. 

    1Reply
  • Kevin Krysty Jr.
    Real Estate Broker · Southern Pines, NC · Member since 2018 · 28 posts · 4 votes
    7y

    If tenant continues to be unresponsive, I know where I live in Pinehurst, NC, if a person is bit by the dog and its reported the town the animal control will get it and put it down. Maybe use that as leverage for a response? 

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  • Bryan S.
    Rental Property Investor · CA · Member since 2018 · 225 posts · 180 votes
    7y

    @Vincent Popovski I get it, the dogs can be nice, but do you really want to get the owners and go against the insurance providers?

    Too much trouble and worry.

    I have a red nose, I get it.

    0Reply
  • Vincent Popovski
    Real Estate Agent · Troy, MI · Member since 2018 · 39 posts · 21 votes
    7y

    @Anne Smith sorry you are so misinformed Anne. Do you even know what a “pitbull” is? It’s a terrier mixed with an English bulldog. Why in God’s name would breeding the two make it an instant aggressive fighting machine?!

    The reason scum bags use this dog for fighting is because 1) it’s a powerful, muscular dog 2) the terrier in it makes it quick. That’s it. If you take any dog and do what these ******** do to them, it’ll be aggressive.

    Unreal how quick people are to judge from what they hear off the news. Brainwashed..

    1Reply
  • Vincent Popovski
    Real Estate Agent · Troy, MI · Member since 2018 · 39 posts · 21 votes
    7y

    @Bryan S. I understand, Bryan. Just unfortunate what happens is all I’m saying

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  • Jack B.
    Rental Property Investor · Seattle, WA · Member since 2014 · 1k+ posts · 1k+ votes
    7y
    Originally posted by @Jim K.:

    @Sarah B.

    You want the dog gone cheaply, legally, and without fuss, mess, or ongoing rancor. You need to resign yourself to the fact that all these things are not going to happen, barring a minor miracle.

    My way of handling this would be to put your husband in his boots, fleece pants under jeans, and a heavy farm coat/Carhatt jacket, Give him a tire billy. You take a canister of animal pepper spray with you -- you can get one on Amazon. If the dog attacks again, do what you need to do to defend yourselves.

    You need to open the lines of communication to get anywhere, and this is the cheapest way to do it.

    I'd at least wear a body cam (I do). That said, I'd also be hesitant to do this. A tenant with nothing vs a landlord with millions in real estate in Seattle Washington...a Jury will bleed their heart out for the poor uneducated tenant with a dangerous dog that attacked me, the rich, evil capitalist....

    2Reply
  • Jack B.
    Rental Property Investor · Seattle, WA · Member since 2014 · 1k+ posts · 1k+ votes
    7y
    Originally posted by @Ryan McKelvey:
    @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.

    I don't allow dogs more than 15 lbs for this reason. There are no dangerous breeds over that weight that I'm aware of, and a small dog is not going to do as much damage as one that is 50+ lbs.

    I've had sooooo many applicants tell me they don't know the breed of their dog but that they are more than happy to have ME pay for genetic testing to find out....So I have adopted the above policy to MINIMIZE my interaction with idiots. Still, somehow, magically people show up to tours with three pit bulls despite the fact I noted at the top and bottom of my listing the screening criteria that includes this, AND I mention it in email before booking an appointment, getting them to acknowledge they meet the screening criteria. Yet they still show up...ugh... 

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  • Melissa Gittens
    Real Estate Broker · Windsor, CT · Member since 2015 · 1k+ posts · 268 votes
    7y

    I would definitely move to evict this tenant. This pet is to much of a liability  and needs to be removed from the property. 

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  • Nancy P.
    Naperville, IL · Member since 2018 · 330 posts · 357 votes
    7y

    I second the poster who says make sure she hasn't disappeared already.  Is there a neighbor to ask?  Or go armed with a bat and pepper spray.  I had a very similar case where a pit bull I didn't know about was let loose, the property bordered a river walk,  it attacked a dog.  Police were called and shot the dog,  in the meantime tenant fled,  wouldn't answer our calls, and apparently moved out between midnight and 3 a.m. two nights later.  

    As to how pit bulls are automatically vicious...terriers are vicious!  They just got bigger when bred into pitbulls.  My FIL had Westies and they would pick fights with dogs five times their size....

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  • Richard Haug
    Santa Barbara, CA · Member since 2017 · 23 posts · 9 votes
    7y

    @Sarah Buchanan

    As a dog lover and former animal control officer this situation needs to be addressed with serious consequences. It is obvious the owners have not and are not responsible dog owners and don't expect that will change. Make the report to All the authorities and city, county representatives. The one bite rule is there to protect people and was completely mishandled by the animal control. This dog needs to be put down, he went for your husbands throat with the intent to kill. This dog is a deadly threat to society!

    Sadly this has been placed in your responsibility to handle. I totally agree that it is time to take all legal action immediately to remove the tenants also, they are not being responsible and taking this as a serious offense that it is. You will recover, and possibly save a future life. Find a tenant that will appreciate your good will and peace of mind will return to you.

    Thank you for having this discussion to help us all learn what to have in our lease agreements.

    Richard

    1Reply
  • Jim K.
    Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    7y

    The body cam would be a wise decision.

    But as for the jury...have you ever seen a 100-pound pit bull of uncertain breeding background, let alone lived with one? I might agree with a German Shepherd or a Collie (both of which can most definitely be trained as guard dogs), but a Dobie, a Rottie, or this animal...no, I can't agree about the jury.

    I don't think any sort of person with any sort of significant expertise with these dogs, any reputable trainer whatsoever, any guy with a registered animal that he hobby-breeds casually, would have any trouble convincing a jury anywhere in the USA that owning a dog like this as a residential pet in a rental property and allowing it to ever be in a position to cause this kind of damage is gross negligence.

    I could just imagine my father lecturing a jury on this. People who own a working dog breed, let alone a dog specifically bred for guard dog duty. as a companionship animal are mentally defective.

    My brother-in-law is an ex-Red Army officer who lives in a walled compound guarded by three military-bred Caucasian Ovcharkas. I married his sister. Do you think he lets me near his dogs? Think I've ever been on his grounds with the dogs unkenneled?

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