Dog Bite/Landlord Liability

[noisefrazzle]

What is the name of your state?What is the name of your state? Rhode Island

Hello All!

Quick question. We have tenants with eight months left of their lease. They have a husky. Our homeowner's insurance is now excluding coverage for "aggressive breeds." Insurance considers huskies to be such a breed. We sent a letter to tenants and also called them, letting them know they will have to get rid of the dog or face eviction (they are actually good tenants, it's too bad). Naturally, they are kicking up a fuss, saying they will sue us if we try to evict them with so much time left on their lease, when they have done nothing wrong. They contend that it is not their problem that our insurance has changed coverage terms. I can't find anything in RI landlord/tenant law that addresses this, but I am under the impression that I have the right to protect my property with insurance, and therefore cannot be forced to let the tenants/the dog remain. However, RI law is so pro-tenant, it makes me nervous. Will someone with knowledge please confirm that we are well within our legal rights here? (Not that that will stop them from suing of course!!)

Thanks! NF

 

[FarmerJ]

Did current lease allow for them to have the dog ? unless your lease allows for changes to be made before the lease is over your going to have to wait till the lease is up. you can plan now for the change. Look at it this way you could possibly be able to give them a written notice that due to the upcoming change of not allowing large breed dogs any more, you will allow them to terminate the lease early with a set number of days before the lease is over should they find a new place that accepts larger dogs other wise you are now giving them notice that the lease will not be renewed. then if they stay on after the lease has expired follow your states laws and evict. Since you mentioned that your state is Not LL friendly then you should go up top and arrange for a consultation with a ATTY to help you make sure that notices you send will meet your states laws.

 

[LindaP777]

Ask the tenants to get additional insurance of thier own that would cover any harm done by their dog. Hopefully, that would relieve you of the burden should the dog injure someone. If they really are good tenants, tell them you don't want them to leave and you'll split the cost of the additional insurance with them. (Of course, anyone can sue anyone at any time.)

 

[treese]

You are in a pickle.

You cannot change what is already allowed per the lease.

The insurance company will cancel your policy if one of their "banned" breeds are found on your property.

The tenant can get liability insurance of their own, but that will not satisfy your insurance company ... they don't want a "banned" breed on property that they insure.

FarmerJ has a good idea in offering to allow them to terminate their lease with a specified notice, upon finding a rental that will allow the dog. Since your insurance issues are really not their problem you may consider giving them an incentive ($$$).

Otherwise, you may have to change insurance companies.

I had a similar situation with my insurance and a tenant's dog. I personally felt that the dog was not a potential danger, but could not take the chance of having my policy cancelled.

Luckily, the tenant was month to month, so I was able to give them the choice to move or get rid of the dog. They chose to get rid of the dog after not being able to find another rental that would allow them to keep the dog.

 

[paws1970]

How about changing insurances?

State Farm and Farmers do not have breed restrictions. I think they have a point that they are abiding by the lease you agreed to. For new tenants, you can exclude whatever breeds you like, but this dog must be grandfathered in, and you must accomodate. And you said that they are good tenants. Finding good tenants is never an easy thing! You wouldn't want your place to sit vacant either while you look for new tenants. BTW, you said homeowners insurance. Do you have regular homeowners insurance for this property because you should have Landlord insurance. Slightly more expensive, but pays your rent in the event the property is destroyed. You may also require them to have renters insurance. Good luck!!

 

[PandoraZx]

If you originally allowed them to have a dog in the lease, then they do have a right to come after you if you try to take action.

Did you try calling the insurance company (anonymously) and asking them about the situation? I don't see how they could hold you liable for the period until the lease is up. You might want to start there first and try to work with your tenants - talk about options, compromise... or else you are in for a mess.