A PROPERTY OWNER MUST UNDERSTAND THEIR LIABILITY IN THE EVENT THE TENANT IS ALLOWED TO HAVE A DOG.

1.   The OWNER is liable for any injuries to persons on or near the premises due to the TENANT’s dog biting or causing any other injury.

 

2.  It is not possible to shift this liability to the TENANT using a lease addendum or lease clause. 

 

3.   Many insurance companies will not cover injuries to the TENANT or others due to a dog and will exclude coverage in the OWNER’s insurance policy.

 

4.   Some insurance companies prohibit some or all dogs and in the event it is discovered by an insurance company that a dog is living on the premises, the OWNER’s insurance could be cancelled.

 

5.  An attempt in the lease or an addendum at having a TENANT hold the OWNER harmless for any dog bite or injury due to a dog will have no legal relevance.

 

6.  Any attempt at having the TENANT indemnify the OWNER for injuries due to a dog is basically worthless.   

 

7.  There are some insurance products that a TENANT can be required to purchase which purport to be coverage for dog bites or injuries but ultimately the OWNER is responsible.   The insurance purchased by the TENANT may or may not protect the OWNER.

 

BEFORE ALLOWING A TENANT TO HAVE A DOG, THE PROPERTY MANAGER MUST CONFIRM INJURIES DUE TO A DOG ARE NOT EXCLUDED FROM THE OWNER’S INSURANCE POLICY AND ALSO CONFIRM THAT THE TENANT’S HAVING A DOG ON THE PREMISES WILL NOT CAUSE THE INSURANCE POLICY TO BE CANCELLED. 

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