What Pet Liability Issues Can A Landlord Face?

Allowing tenants to live with pets in a rental property introduces a whole new set of risks to landlords. Animals can damage property, leave a mess behind, or cause injuries to others. As a landlord, you can be held liable for a tenant's pet causing injury or damage to another tenant or a third party. However, it's critical to understand that not all landlord insurance policies include protection for pet liability.

Fortunately, a local independent insurance agent can help you get set up with all the landlord insurance and pet liability coverage you need. They'll help ensure you're covered against many types of potential incidents, including dog bites and more. But first, here's a closer look at pet landlord liability insurance and what it covers.

When Can a Landlord Be Held Liable for Pet-Related Incidents?

In many cases, the tenant with the pet is the one held liable for most incidents that involve their animal. However, there are limited exceptions to this that landlords need to be aware of. While a dog bite that occurs in a tenant's unit might not be ruled the landlord's fault in many instances, there are some in which it might be.

Landlords can be held liable for a dog attack on the property if they have what's known in the insurance industry as "actual knowledge" or "previous knowledge" of the tenant's pet being a dangerous animal. This refers to the landlord being aware that the dog was responsible for a past attack, such as if a third party was bitten or mauled by the animal before the tenant applied to move in. 

A tenant's dog constantly barking and annoying other tenants in common areas typically isn't enough grounds for a landlord to face a liability risk, even if they're aware it's happening daily. However, if the landlord has actual knowledge or previous knowledge of a tenant's dog biting someone in the past and the animal attacks someone at their rental property, they can be held liable for the incident. The other key component of a landlord being capable of being held liable depends on whether they had the power to remove the dog from the premises.

Power to Remove a Dangerous Dog

In certain cases, a landlord may still not be liable for an incident on their rental property, even if they had actual or previous knowledge that the animal was considered dangerous. 

For example, let's say a new landlord takes over a rental property that already has tenants inhabiting it. If a tenant's lease agreement allowed them to have that dog and they haven't come to the end of the lease term yet, the new landlord likely doesn't have the power to remove the dog from the premises. Then, if the animal bites someone while the new landlord is in charge of the property, the landlord likely couldn't be held liable for the incident.

The pet policies at each rental property may vary considerably. In addition, certain states allow landlords to restrict various dog breeds, while other states have laws that prohibit breed-specific restrictions. In the states that ban breed restrictions, it might be more likely that a landlord could be held liable for a dog-related incident.

Landlord Liability Risks for Renting to Dog Owners with Dangerous Breeds

The risk of lawsuits for landlords increases when renting to pet owners, particularly dog owners. However, there are ways that landlords can easily mitigate this and protect themselves. 

Landlords can limit pet ownership to renters who don't have what insurance companies consider aggressive or dangerous dog breeds if their state allows this. Insurance companies typically consider the following breeds to be dangerous or aggressive:

Restricting which dog breeds tenants are allowed to have at your rental property can seriously reduce your liability risk as a landlord.

The Importance of Pet Liability Insurance for Tenants

Landlords can also protect themselves by making it a condition of their lease that tenants who have dogs carry canine liability insurance or an animal liability endorsement. That way, if a tenant's dog gets loose and bites a neighbor or causes property damage, the tenant’s insurance will cover restitution. 

Landlords should also protect themselves further against potential liability lawsuits through landlord insurance liability coverage. Landlords can be held responsible for liability issues in the following scenarios:

• A tenant lets their pet liability insurance policy lapse
• A tenant's pet causes damages or injuries that exceed what their insurance covers
• A tenant’s dog attacks someone for the second time

In addition to requiring your tenants to carry renters insurance, you may also choose to require them to carry pet liability insurance. This can greatly increase your liability protection as a landlord and help you avoid potentially catastrophic financial losses. 

What Happens If a Tenant Lies to a Landlord About Having Pets?

A landlord must always report animals in their rental properties to their insurance company, or their future claims could be denied. But a tenant must also report their animals to the landlord before signing a lease agreement. If a tenant fails to report an animal to their landlord or flat-out lies about having a pet, a landlord may have the right to evict or fine them.

Landlords can also protect themselves by being more thorough with tenant screening before approving a rental application. A landlord can request photos and specific information about an animal's weight and breed before approving a tenant's application. This can help them reduce their liability risk and create a safe property for all tenants.

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What Is a Dog Liability Exclusion?

A dog or canine liability exclusion is a clause typically found in homeowners insurance policies that exempts the insurance company from having to pay for incidents caused by a dog. This can include property damage, injuries to others, and more. 

These exclusions can also sometimes be found in landlord insurance policies, so it's critical to be aware if your coverage doesn't extend to dog-related incidents if you allow tenants to have pets. Without liability protection for pet-related incidents, you could end up having to pay tens of thousands of dollars out-of-pocket for attorney or lawyer expenses in addition to other court and settlement costs.

An Independent Insurance Agent Can Help You Find Landlord Liability Insurance

When it comes to increasing your liability protection as a landlord, no one's better equipped to help than a local independent insurance agent. These agents have access to multiple insurance companies, so they're free to shop and compare policies and rates for you. 

They'll get you matched to a policy that offers the best blend of coverage and affordability and ensure that it includes protection for pet liability. Your agent can also help file claims for you and update your coverage when necessary.