Apr
28
Filed Under (Real Estate) by dog
dogs
Don Conrad asked:


I believe the topic of dangerous dogs is one of the fastest growing safety concerns for a landlord at this time. Unlike the lead based paint issue which has state and now federal regulations to curb the potential dangers, the topic of dangerous dogs is still pretty much unregulated and open for discussion. Mix in the fact that the dangerous dog issue is often a personal and emotional one, and things can become very sensitive very quickly. (I have many interesting and eye-opening stories in my report on Dangerous Dogs available free on my website at http://www.findthatqualitytenant.com).

To cut right to the chase, certain cities in the country are labeling certain dogs as dangerous, and these cities have different trains of thought on how to handle the potential liability these dogs can create. Some of these cities now have ordinances along these lines which say: if you own one of these dogs, you need a $500,000 insurance policy, a 6-foot fence to contain the dog, and a kennel. They also say if the animal is out of the kennel, it needs to be muzzled.

Other cities have no such ordinance. But, just because the city doesn’t have established ordinances doesn’t mean these dogs are any less dangerous. It just means nothing extremely traumatic has occurred within the city, regarding these dogs that would result in such an ordinance being established.

Suppose you rented a house in a town with no ordinances for dangerous dogs, but your tenants have an aggressive dog that might be on a list if one was obtainable. Now let’s suppose that dog does get out of the yard and attacks a neighborhood child, causing permanent injury to the child. What happens next? Well, for starters, you know there will be a lawsuit and there is a good chance you the landlord will be sued since almost any lawyer will decide you have more assets to attack than the dog’s owner, who owns nothing but the dog.

If you were named in a lawsuit, your one recourse for protection, besides

having your rental in some kind of cooperation or other legal entity, is to see if your insurance company will fight the lawsuit for/with you. This seems to be the logical next step and one which most landlords would pursue.

This idea has some merit but let me warn you, nowadays, certain insurance companies are refusing or canceling homeowner’s insurance if you have what is considered a dangerous dog living on the property. If you own the property and a tenant has a dog that bites someone, but that tenant doesn’t have adequate insurance to cover the dog bite, you could be held responsible and your homeowner’s insurance may not pay. That in and of itself should be enough to possibly make you ban these dogs from your property, but the issue brings up another question: What if the tenant has a dog they keep insured?

As far as I’m concerned, the answer is a complicated one. Some people say if a landlord’s tenant is insured for the dog and something happens, then the landlord is legally off the hook. I don’t agree. In a modern society where people can win multimillion-dollar settlements for hot coffee spilled on them, anything can happen in a lawsuit.

As a landlord I wouldn’t want to chance it, and here’s the main reason: When a victim receives a dog bite or worse, someone has to compensate the victim. I guarantee you that the owner of the dog, in this case your tenant, has probably zero in assets to compensate the victim. You, the landlord, however, are probably worth millions—at least in the jury’s eyes—so you could very well be listed in that lawsuit. Landlords have assets. If you want to protect them, be careful about these dogs.

So how do you draw a line on what dogs you will consider dangerous? If you want to rent to dog owners and wish to exclude potentially dangerous dogs, try this: call the city or town your rental is and find out their dog list and corresponding regulations. Then call your insurance agent that insures the rental and get a list from them. (Careful: some agents represent many companies, so make sure you are actually getting the list from the company that insures the house.) Now, write up your own list using both the city and the insurance agent’s information. Add any dog you feel should be on the list. Date and sign the list. Make a copy of this list and keep it handy for any time you rent your dwelling. Update it about once a year.

Doing things this way will help ensure that you don’t illegally discriminate and will go a long way toward keeping your investment asset a little safer.



NORBERTO
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Feb
17
Filed Under (Real Estate) by dog
dogs
Kevin Koitz asked:


There’s a new inspector making the rounds, looking for possible threats to your home. She is probably a lot shorter than you are and has more hair. She works for next to nothing - a handful of treats keep her happy. She can be the home buyer’s best friend. The only issue is that her partner generally charges more than she does.

Most people are familiar with drug dogs, bomb dogs, and tracking dogs, but they may not be aware that the home inspection industry is employing canines to sniff out problems like termites, mold and air pollutants. Sniffer dogs are the latest weapon in the home and pest inspector arsenal to save you money by alerting you to possible threats to the integrity of the building you are about to invest your money in.

The advantages of a detection dog are significant. They are able to detect traces of scent behind walls, under flooring and inside blocked areas where the inspector cannot go. They work quickly, much faster than a human inspector can visually. They are also honest - if there is no scent, the dog will not alert. If there is, the dog will alert. Properly trained detection dogs will not cause damage to property or be aggressive towards strangers.

Some people with severe allergies may feel concerned that a dog will trigger them. This is a legitimate concern and can be alleviated by hiring a company that has a dog from a breed that doesn’t shed (Poodle, Irish Water Spaniel, Portuguese Water Dog, etc.). Detection dogs are also kept clean, due to their work in private residences, but you can make the handler aware of your allergies and they can take steps to minimize their dog’s impact on your physical well-being.

Tips on working with a scent detection dog:

- This is a working dog. Don’t pet or talk to it unless the handler says you may. This is so the dog doesn’t get distracted

- During the inspection, give the dog room to work. Feel free to watch as the dog sniffs about; just don’t crowd it and don’t talk to it.

- Don’t offer the dog any food. It distracts the dog and may make it sick.

Things to ask: - What certifications does this dog have? There are a few detection dog certifications in the U.S. Possession of a certification held to be of a good standard is an indication that the dog has been properly trained.

- How is this dog around strangers? A home inspection dog should be friendly or tolerant of strangers, since they work so closely with strange homeowners and homebuyers. Not bothering the dog while it’s working is one thing, but beware of the dog that is aggressive towards casual strangers. This is a sign of poor socialization and training, which is an indicator that the company might be lax about other things as well.

- What does the dog do to alert you? Different dogs use different signals to alert their handler that they have found what they were searching for. Some sit, some bark, some look for the toy that their handler uses to reward them for a successful search. There’s no huge secret about a dog’s alert signal, so the handler shouldn’t balk at letting you know what it is.



NORBERTO
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