Legal Question in Personal Injury in California
My mom has a rental property with two (2) mobile homes, both rented by two different renters. One of the renters has five (5) pit-bull tied around his part of the property. The other renter has small children. My question is if my mother is liable if the dogs get lose and bites or does something worse to the children of the other renter? Can my mom tell him that he cannot keep the dogs? What are her options?
1 Answer from Attorneys
Given the dog breed and the number of dogs allowed your mother could be liable depending on how the injury occurs. It is too much risk. She should have had a rental agreement specifying whether or not pets would be allowed and how many. Even if one or two pitbulls the tenant should be required to demonstrate that the dogs have the required city or county license, are properly vaccinated and that the tenant has at least $300,000 liability insurance policy that states that your mother is an additional insured under the policy. Also, your mother should carry liabikity insurance for at least $1,0000,000 and the tenant should be charged additional rent to cover that. At this point the tenant would probably have to be given notice terminating the tenancy. You can informally inform him that if he gets rid of the dogs he will be allowed to sign a rental agreement which will specify whether or not he can keep dogs, how many, what type and under what conditions. Pitbulls are by their nature dangerous and if your mother even suspects that the dogs are being trained to fight she could be even criminally liable if someone is injured, whether a child or adult.