Has anyone had the experience of their tenant having a dog that has bitten a neighbor? what steps did you take to mitigate liability and ensure the dog doesn't bite anyone else? this was an ESA animal which we HAD to accept , another instance of landlords hands being tied by the government....ug.
For future rental applicants, have an Assistance Animal Policy in writing, and in place. "Reasonable" restrictions or limits on requested "accommodations" is allowed with Fair Housing laws.
For Assistance Animals, requiring a recent Veterinarian health report (updated annually), requiring animals be spayed or neutered to prevent aggressive behavior or commercial use, requiring leashes or carriers when transiting common areas such as stairwells, elevators, pool or rec areas, prohibiting aggressive or nuisance behavior, cleaning up after and ensuring no offensive odors emanate from the premises, as well as obtaining a legit letter (also updated annually) from a verifiable, local (unless applicant is new to the area) Medical Professional or Social Worker are all reasonable limitations in most cases. Perhaps more importantly, having a written policy that you provide to each applicant effectively discourages the gamers that are trying to skirt the system to keep a pet.
For those that allow regular pets, most of those same restrictions are just smart to implement.
Has anyone had the experience of their tenant having a dog that has bitten a neighbor? what steps did you take to mitigate liability and ensure the dog doesn't bite anyone else? this was an ESA animal which we HAD to accept , another instance of landlords hands being tied by the government....ug.
@Jared Bonner, I can understand your concern, especially now that someone has actually been bitten. The fact that the dog is an emotional support animal doesn't mean you have to ignore a safety issue. Fair housing laws protect assistance animals, but there are limits when a specific animal poses a real threat to others. I'd start by documenting what happened, making sure the incident is reported to the appropriate local authorities, and having a local landlord-tenant attorney review your options before taking action against the tenant or the dog.
I'm a real estate attorney, broker, and investor in Maryland, and I work with landlords on tenant disputes and other legal concerns involving their properties. One thing I always keep in mind is that landlords have to consider both their tenants' rights and the safety of others. Situations like this need to be handled carefully because responding too quickly without understanding the legal requirements can create additional problems.
I appreciate you bringing this up, @Jared Bonner. It's a difficult situation, and I think other landlords can learn from the discussion. This is closely related to the work I do with property owners, so I'd be happy to stay connected.