Legal Question in Landlord & Tenant Law in Massachusetts

Re: tenant/landlord liability

It is the tenants responsibilty if the dog harms someone. You might want to include an indemnity clause in the rental agreement. Also, check with your insurance agent, but you should be covered for such a claim anyway. You should have landlord's coverage.

Re: tenant/landlord liability

Attorney Roth is correct that the tenant is generally responsible if the dog suddenly harms someone.

However, if you know that the dog poses a danger to others, you may be held liable under the theory that you allowed a known danger to exist on your property.

My advice would be to modify your lease to include a provision requiring your consent after an interview to any dogs on the premises.

If you suspect that the dog is a threat to other people, I would explore the option of finding new tenants. Even if you are not found liable, you will likely be named in a suit should the dog seriously harm someone.

Please feel free to contact my office if you would like to consult further on landlord-tenant matters.