Tenant is thinking of subleasing, but has a dog

[doug02346]

What is the name of your state (only U.S. law)? Massachusetts

I recently went up on my tenant's rent for the first time in 6 years. She said that she couldn't afford it and that she would need to lease our her spare bedroom. She has been looking and has found several possibilities. The problem is that she has a dog that is not so friendly. I am concerned that the dog might bite her new roommate.

My question is who would be liable in that case. It's her dog and her apartment, but I own the building. Any thoughts?

Thanks as usaual to the community.

 

[Just Blue]

What is the name of your state (only U.S. law)? Massachusetts

I recently went up on my tenant's rent for the first time in 6 years. She said that she couldn't afford it and that she would need to lease our her spare bedroom. She has been looking and has found several possibilities. The problem is that she has a dog that is not so friendly. I am concerned that the dog might bite her new roommate.

My question is who would be liable in that case. It's her dog and her apartment, but I own the building. Any thoughts?

Thanks as usaual to the community.

What kind of dog is this? How "not so friendly" is this animal?

 

[STEPHAN]

I recently went up on my tenant's rent for the first time in 6 years.

You have not been paid for August?

 

[HRZ]

More importantly what does your lease say about sub leases ....

 

[Mass_Shyster]

It seems that a landlord is not immune from liability for injuries caused by a tenant's dog.

See http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/animals.html

which points to NUTT vs. FLORIO, 75 Mass. App. Ct. 482 (2009)

http://masscases.com/cases/app/75/75massappct482.html

The bottom line is someone CAN sue the landlord, and the landlord (or landlord's insurance) will end up paying a lawyer.

 

[Just Blue]

It seems that a landlord is not immune from liability for injuries caused by a tenant's dog.

See http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/animals.html

which points to NUTT vs. FLORIO, 75 Mass. App. Ct. 482 (2009)

http://masscases.com/cases/app/75/75massappct482.html

The bottom line is someone CAN sue the landlord, and the landlord (or landlord's insurance) will end up paying a lawyer.

Exactly. That is why I was asking about the dog breed and for a clarification on the "not so friendly". IMO and not so friendly Pitbull is a lot different from a not so friendly tea-cup poodle.

The posting Hx for this OP is interesting. He is a really nice LL and I think his tenant is taking advantage of him/her.

 

[HRZ]

I agree...and the case cited rather puts LL on hook if he is aware of " not so friendly " dog

OP ...you might be wise to carry broad insurance that covers rental property use w dog and also insist in your lease or approvals that tenants carry renters insurance that covers dogs ....and if it's a recognized dangerous breed or has an history of biting anyone I'd be more than a bit careful.

BTW your earlier posts suggested you did not charge extra for utilities ...and based on your conservative nature you probably did not put I n much of a rent hike ..around me water and sewer bills can be killers just like electric or heat ...and 2d occupant could result in a hefty utility cost jump ....unless you anticipate same and or have a monthly surcharge for sublease .

 

[Just Blue]

I agree...and the case cited rather puts LL on hook if he is aware of " not so friendly " dog

OP ...you might be wise to carry broad insurance that covers rental property use w dog and also insist in your lease or approvals that tenants carry renters insurance that covers dogs ....and if it's a recognized dangerous breed or has an history of biting anyone I'd be more than a bit careful.

BTW your earlier posts suggested you did not charge extra for utilities ...and based on your conservative nature you probably did not put I n much of a rent hike ..around me water and sewer bills can be killers just like electric or heat ...and 2d occupant could result in a hefty utility cost jump ....unless you anticipate same and or have a monthly surcharge for sublease .

I have been renting for 30+ years in Mass and only one LL charged for water/sewer. That LL was involved in a class action suit. Turns out they couldn't do that in Mass. I don't know if this is still true but was in the early 2000's.

 

[HRZ]

OP posted he did .not charge for utilities...unclear which ones ..

LOcal to me water and sewer can be very big items ...and unseparated water services , if such is the case , can be very big problems ...and many smart LLs spent to get them separated.but that may depend n how building is laid out . ..

 

[Just Blue]

OP posted he did .not charge for utilities...unclear which ones ..

LOcal to me water and sewer can be very big items ...and unseparated water services , if such is the case , can be very big problems ...and many smart LLs spent to get them separated.but that may depend n how building is laid out . ..

Doesn't matter as MA LLs can't charge for it outright. I'm sure it is factored in the rent cost.

 

[HRZ]

I suspect that MA LLs can charge for water if they comply with the extra steps to properly sub meter or separately meter it as are in the rules ....now many a small LL might not chose to comply with the extra steps and merely factors it into rent...so be it .

 

[Just Blue]

I suspect that MA LLs can charge for water if they comply with the extra steps to properly sub meter or separately meter it as are in the rules ....now many a small LL might not chose to comply with the extra steps and merely factors it into rent...so be it .

As I said. I live in Ma and rented in MA for over 30 years. The one LL who did charge for water lost a class action suit for doing that. We had seperate meters (these were town houses).

 

[quincy]

As I said. I live in Ma and rented in MA for over 30 years. The one LL who did charge for water lost a class action suit for doing that. We had seperate meters (these were town houses).

The water law apparently changed in 2005.

Links:

https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section22

http://www.masslegalhelp.org/housing/booklets/water-law-booklet.pdf

A Massachusetts landlord has a few hoops to jump through, though, as HRZ noted.

 

[Just Blue]

The water law apparently changed in 2005.

Links:

https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section22

http://www.masslegalhelp.org/housing/booklets/water-law-booklet.pdf

A Massachusetts landlord has a few hoops to jump through, though, as HRZ noted.

I stand corrected..sorry HTZ!! I bet that LL had something to do with the change in law. They owned half the North Shore. I loved my town house but man...They were terrible LL. When I moved out I took pic's of the house...it was in lovely order. I had just had the carpet steamed cleaned ad the carpet was still wet. I called them and asked if I should leave the windows open (it was 104 degrees out and 4th of July weekend....I was told in a tone that indicated I was an idiot...No. Do as the move out instructions states close aand lock all windows. He asked if I was able to read said instructions. I just hung up on the jerk. So....moved out after taking pic's of every corner of the house and locking up. Now the house sat closed for a long weekend with damp carpets for 3 or 4 days in 104-105 temps with humidity that was around 75%. Hummmm what do you think that house smelld like on mon or tues when they check in on it? 35 days or so later I called to find out why they had not returned my SD. They said the carpets were ruined by cat pee. My cat NEVER peed anywhere but his litter box. He an very clean boy. I said as much and told LL the oder of pee was in fact due to his instruction to close up windows despite the still damp carpets. I asked him if he ever left his cloths in the dryer wet for a couple of days ....open the dryer and all you smell if a pee like smel. He told me his housekeeper did the laundry. He also sent me another bill for 2k. The carpet was at least 9 years old mind you. Had to take him to court .I got my money back.

Thanks for correcting my postings Q.

 

[quincy]

I stand corrected..sorry HTZ!! I bet that LL had something to do with the change in law. They owned half the North Shore. I loved my town house but man...They were terrible LL. When I moved out I took pic's of the house...it was in lovely order. I had just had the carpet steamed cleaned ad the carpet was still wet. I called them and asked if I should leave the windows open (it was 104 degrees out and 4th of July weekend....I was told in a tone that indicated I was an idiot...No. Do as the move out instructions states close aand lock all windows. He asked if I was able to read said instructions. I just hung up on the jerk. So....moved out after taking pic's of every corner of the house and locking up. Now the house sat closed for a long weekend with damp carpets for 3 or 4 days in 104-105 temps with humidity that was around 75%. Hummmm what do you think that house smelld like on mon or tues when they check in on it? 35 days or so later I called to find out why they had not returned my SD. They said the carpets were ruined by cat pee. My cat NEVER peed anywhere but his litter box. He an very clean boy. I said as much and told LL the oder of pee was in fact due to his instruction to close up windows despite the still damp carpets. I asked him if he ever left his cloths in the dryer wet for a couple of days ....open the dryer and all you smell if a pee like smel. He told me his housekeeper did the laundry. He also sent me another bill for 2k. The carpet was at least 9 years old mind you. Had to take him to court .I got my money back.

Thanks for correcting my postings Q.

There are definitely bad landlords.

All of my rental houses have hardwood floors so I have never had to worry about carpet cleaning. Perhaps surprisingly, since I rent primarily to college students, I have never had a problem with damaged floors and, with parent-cosigners, I haven't really worried. Most students don't have pets, though. The worst smell on move-out tends to be a lingering smell of stale beer and marijuana.