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Pet damage to neighbor's property

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M

Meloni

Guest
I'm in Phoenix, Arizona, and I'm in a situation. I'm renting a house that had a very old wooden fence (It has since been replaced with a block wall). My dogs were able to go through the fence, into the neighbor's yard and house, and did a couple hundred dollars in damage to some of their property. I'm willing to take full responsibility for my pets destructive behavior, but I'm wondering if it is the landlord's responsibility to pay for the damages my dogs did, because of poor maintenance of the fence. Several people have told me that it shouldn't be my responsibility. I've searched the Phoenix City Code and the Arizona Revised Statutes, but I haven't found anything.
 


H

happylucky

Guest
Meloni:

HOW DARE YOU even think for one minute its the Landlords responsibility for YOUR DAWGS DAMAGE?

YOU are responsible for EVERYTHING associated with your DAWG.

YOU signed the lease......YOU checked the fence, YOU made no mention to the Landlord about YOUR DAWG getting out of the yard....and to fix the fence.

Consider it a cost of owning a DAWG!
 
A

APer007

Guest
I think that the only way you would even have somewhat of a case is if you had asked the landlord before the event to fix the fence. If you had told the landlord before the dogs tore stuff up that they were able to get out and that you were worried of what they might do and he still didn't fix the fence, then you might have a case against him. Maybe you should think about small claims court...just an idea. Just be glad that the dogs weren't able to get out onto a busy road and nothing worse happened to them!
 
M

Meloni

Guest
It was brought to my realty company's attention before I moved in, that the fence would need replacing. The fence on one side of the house was replaced within a couple of months after we moved in, the other side progressively got worse. Therefore, I feel that proper action was taken to ensure the fence was replaced. The damage was done between the time that the first reminder phone call was placed to the realty company and when the block wall was finally put up. I was only looking for some friendly advice, so, if there are any more disrespecting comments, I don't care to hear them. Thank you, to those of you who are actually trying to help.
 
A

APer007

Guest
Hmmmm....It really doesn't seem fair for you to have to take responsibility for the whole amount of damage since it was the landlord's poor upkeep of the fence; however, I'm guessing that you did sign the lease and continued to move into the house knowing that the fense was in need of repair. With this action, you were taking the risk of your dogs being able to get out of your yard. In that case, it should be your responsibility to pay for the damages. Have you talked to your landlord about the matter? Perhaps you both could work out some kind of deal...maybe half the amount of damage? I feel that the bottom line is that you both are to some degree responsible for the damage: The landlord for not fixing the fence sooner or before you moved into the house and you for allowing your dogs to stay in an area with an unstable fense. Maybe someone with more legal experience could be of more help to you. Good luck!
 
J

jlw1000

Guest
What would have happened if your dogs were vicious and attacked an innocent person? You would have been held liable for your dogs behavior. Unless you notified the landlord directly (and in writing) to fix the fence you have no proof that he knew the fence needed to be fixed. In a rental property things can detiorate quite quickly, due to a tenant's lack of care, and the landlord can be unaware of a problem. I can think of many problem's I discovered while doing other repairs at my properties, but the tenant never told me about them. I have found that most tenant's do not want to "be a bother" so they let minor items go. I do not consider keeping my properties in excellant repair a "bother" and appreciate tenant's that inform me of items to be repaired before there is a major problem. When I discover a problem I fix it immediately, so I am not held liable. However, I can not fix what I do not know about, if and do not believe I should be held liable a tenant does not keep me informed.
 
H

happylucky

Guest
Remember Grasshopper......

YOU rented a house with a bad fence.....If the dog was that important to you, you would have NEVER signed a lease and given the landlord your MONEY!
 

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