Pitbull

[Ferghana]

New Jersey-I am the landlord of a condo in Newark, NJ. My tenant has a pitbull. The management company tells me that they have been told by other tenants that this dog is dangerous and has chased children in the building and they are scared that the dog will bite someone and that any dog can be kept at the discretion to the Association. they would like to removed from the property as the owner is not in control of it. Is this true?

[mihamih13]

Hi, I'm not a lawyer. I used to rent though so I got familiarized with laws before that. I'm also not familiar with NJ law (maybe you'll get other replies as well).

What your association can do is written down in your bylaws and rules and regulations. No one can answer questions regarding what they can do without reading your docs because it varies from association to association. If I were you, I'd go and review my bylaws and rules and regulations and see what restrictions there are. In my association there is a pet weight limit on dogs for example which applies to both owners and renters.

I would also contact association and tell them that I can't just ask the guy to remove the dog as this is in his lease (assuming it is in his lease). Asking someone to remove a dog is in effect more likely than not asking them to leave. If he has a fixed term lease (like my association requires), your only course of action is to try to evict him. If the dog has not actually bitten anyone, you may very well loose an eviction case. I'd tell them that I'd be more than happy to work on removing the dog but I'm not sure what I can do about it legally. Maybe they can talk to the association lawyer about it on your behalf.

But in general, I used to just not allow dogs after a tenant who ruined the carpet with her chihuahua.

I hope this helps.

[Blue Meanie]

Originally Posted by Ferghana

New Jersey-I am the landlord of a condo in Newark, NJ. My tenant has a pitbull. The management company tells me that they have been told by other tenants that this dog is dangerous and has chased children in the building and they are scared that the dog will bite someone and that any dog can be kept at the discretion to the Association. they would like to removed from the property as the owner is not in control of it. Is this true?

Send you tenant a certified letter telling him/her to get rid of the dangerous dog within 5 days or you will start eviction proceedings. That you would allow your tenant to continue terrorizing other people/children in the building is beyond negligence. You are seriously leaving yourself open for a major lawsuit.

[nextwife]

Originally Posted by Blue Meanie

Send you tenant a certified letter telling him/her to get rid of the dangerous dog within 5 days or you will start eviction proceedings. That you would allow your tenant to continue terrorizing other people/children in the building is beyond negligence. You are seriously leaving yourself open for a major lawsuit.

What Blue said. YOU have incurred serious liability by allowing a dangerous animal in YOUR property.

THis would be bad enough if it was a free stranding single family home out in the country, but that you allowed this in a multi family dwelling with children is beyond reckless. That you were advised of the problem and failed to act is even more reckless. Betcha your insurance provider has an exclusion that would deny coverage if anyone were hurt by YOUR tenant's pit.