Removal of vicious dog from rental

[willyk]

Jurisdiction

Tennessee

I have a small mobile home and rv park...I have a tenant that has what I have decided is a vicious dog. They use an invisible fence, but twice now the dog has gotten out of the fence and caused problems with my other tenants. The police were called out today when it happened because the dog wouldn't let the people next door walk from their house to their car. It would lunge at them and act like it was going to bite if they tried to go outside. This is the second time I have had this type of issue with this particular dog when it gets out of the invisible fence. Even the police agreed that the dog was vicious...they attempted to pepper spray it while they were there. The owner basically just got a lecture from the police. I am drafting a letter telling them to remove the dog from the property, Even though they use an invisible fence, it obviously isn't 100% effective. And when it fails to keep dog in their area, I can't have an animal on the property that is so ill tempered. (Yes, it is a pit bull) Also, it is my understanding that I am opening myself up to alot of liability if I know the dog is vicious and do nothing about it. My question is this... I don't know how many days I have to give them to get it done. My rental contract does not specify this. Do I need to mail the letter to them certifIed similar to an eviction notice?
I assume their is no issue with starting eviction process if they refuse to remove the animal? I have a written month to month lease that states any pets must not be a nuisance to others. It definitely had become a problem! Any advice is much appreciated. Keith P

 

[army judge]

There are many websites that offer online creation of tenant nuisance letters for "cure or quit" situations, such as an unruly pit bull on the loose.

Here is one of those websites.
I'm not endorsing it, just illustrating they do exist.
Use your due diligence before using one.


Eviction & Lease Notices (US) - LegalContracts



I suggest you check your town or county ordinances for any leash laws.

You can add that violation to the letter, too.

In the future, revise your leases to disallow the use of any invisible fence to restrain any animal. As you've discovered, they often fail to work properly.

You might also add the provision that no domestic animal is to be outside unleashed and an adult must ALWAYS be present to supervise and control the animal.

If you allow renters to possess pets, mandate they carry at personal liability policy to cover any damages caused by their animal.

You might also check to see if the local laws say anything about pit bulls. In Texas, many localities ban owning such animals in apartment communities and trailer parks.

 

[adjusterjack]

My question is this... I don't know how many days I have to give them to get it done.

The TN landlord tenant statute Section 66-28-517 specifies 3 days notice if the tenant violates one of the provisions:

2016 Tennessee Code :: Title 66 - Property :: Chapter 28 - Uniform Residential Landlord and Tenant Act :: Part 5 - Enforcement and Remedies :: § 66-28-517. Termination by landlord for violence or threats to health, safety, or welfare of persons or property.

Unfortunately, according to Section 66-28-102 the law only applies in counties of more than 75,000 people.

2016 Tennessee Code :: Title 66 - Property :: Chapter 28 - Uniform Residential Landlord and Tenant Act :: Part 1 - General Provisions :: § 66-28-102. Application.

If your county has less than the population required to be covered by the statutes I strongly suggest that you hire a lawyer to handle this for you. If you get it wrong it could cost you a great deal of money and you'll still be stuck with the tenant and the dog.

 

[Adverse]

Hey Army Judge . . . I just happen to have a question along this line.

What are my liabilities if . . .

I own a rental property, my tenant has two pit bulls, and they attack a leashed dog, or a person, on the street in front of the rental property.

The pit bulls were not restrained and the yard is not fenced.

 

[zddoodah]

What are my liabilities if . . .

I own a rental property, my tenant has two pit bulls, and they attack a leashed dog, or a person, on the street in front of the rental property.

The pit bulls were not restrained and the yard is not fenced.

Did this actually happen or is this a hypothetical. In what state did it happen? If it actually happened, did you immediately report it to your property insurance carrier?

Subject to how you answer those questions, a landlord would not generally have any liability in the situation you described. Depending on other facts, even the owner of the dogs might not have any liability. However, it is important that you put your insurer on notice.

 

[Adverse]

Did this actually happen or is this a hypothetical. In what state did it happen? If it actually happened, did you immediately report it to your property insurance carrier?

Subject to how you answer those questions, a landlord would not generally have any liability in the situation you described. Depending on other facts, even the owner of the dogs might not have any liability. However, it is important that you put your insurer on notice.

It happened yesterday morning. Our dog was the one attacked.

I was on our regular morning walk with her on a leash, going past a house we have gone by for six years. The tenants in that house know me and our dog.

I will save the graphics, but their two pit bulls charged out of the house and each grabbed my dog's head. They did not let go for more than five minutes, with four adults wrestling them and hitting them with a baseball bat.

It's a miracle our dog survived, but she is back from the vet. She's a mess, about 30% open wounds, but has been a good girl about it with us and at the vet. She's just miserable.

The pit bulls' owners have been by several times, and they are devastated. We've known them for six years, they rent, and are in the process of moving. The owner of their house would have no knowledge of this incident, and I'm asking because I don't know how this is going to play out.

 

[zddoodah]

Looks like one of the moderators consolidated two threads, so I'll take a look at the first post above.

it is my understanding that I am opening myself up to alot of liability if I know the dog is vicious and do nothing about it.

Potentially, but that's why you have appropriate insurance coverage. Right?

I don't know how many days I have to give them to get it done. My rental contract does not specify this. Do I need to mail the letter to them certifIed similar to an eviction notice?

This is basic stuff for a landlord. You never should have opened up your property to tenants without educating yourself about these sorts of things. I see some links to statutes in one of the prior responses, but it's not clear if those apply to mobile home parks. You really should consult with a local attorney about this. It's a cost of doing business.

I assume their is no issue with starting eviction process if they refuse to remove the animal?

Depends on your lease, but as you described it, no.

Also, did you call animal control?