Legal Question in Real Estate Law in New York
Is landlord liable for tenant's dog?
My parents own a two family house, which they currently rent out. The tentants on the first floor own a dog, which they did not have when they moved in. The housing contract clearly state that no pets are permitted. My parents have told the tenants to get rid of the dog time and time again. The tenants wouldn't comply. My parents have even asked the tenants to move out but they refused.
Now the dog has bitten the mailman and he is threatening to sue my parents. The tenants won't take liability for their dog. The insurance for the house does NOT cover pets as there was a ''no pets'' clause in the housing contract with the tentants. Are my parents still liable for the dog? Can the mailman sue my parents for medical damages? What legal action can my parent take to have the tenants leave and take responsibility for their dog?
2 Answers from Attorneys
Re: Is landlord liable for tenant's dog?
Your parents certainly need me as legal counsel since I concentrate in landlord and tenant & personal injury law in Florida and NewYork. Yes they may be held responsible if they knew dog was dangerous whether they have insurance or not. Your parents need to bring an eviction proceeding against the tenants.
Re: Is landlord liable for tenant's dog?
Owners are generally responsible for accidents or incidents that take place on their property. If sued, your parents can bring their tenants into the law suit as they own the dog. The tenants may have renters' insurance which is important as it seems your parents' insurance company most likely will not defend or pay the claim as it is excluded from the policy.
As for the tenants and their dog staying in the apartment, if your parents knew about the dog and did nothing for a long period of time, a judge may not force the tenants to move (if the rent is paid to date). An eviction proceeding for violating the terms of the lease is the only legal way to remove the tenants from the premises. It is hard to say for sure not knowing all the facts.
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