Landlord or Tenant

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Titlesort descending Summary
No Pets Allowed: Housing Issues and Companion Animals
NV - Housing - 116.318. Right of units’ owners to keep pet This Nevada law enacted in 2019 states that the executive board of an association shall not and the governing documents of that association must not prohibit a unit's owner from keeping at least one pet within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively.
Prindable v. Association of Apartment Owners of 2987 Kalakaua


Condominium resident filed a complaint alleging the housing authority violated the Federal Fair Housing Amendments Act by failing to waive the "no pets" as a reasonable accommodation for his handicap. The court held that where the primary handicap is mental or emotional in nature, an animal "must be peculiarly suited to ameliorate the unique problems of the mentally disabled," and granted the housing authority's motion for summary judgment on the issue of the housing authority's failure to make a reasonable accommodation under the FHA.
Ramirez v. M.L. Management Co., Inc.


In this Florida dog bite case, the appellant asked the court to limit the application of a case that held that a landlord has no duty to third parties for injuries caused by a tenant's dog where those injuries occur off the leased premises. The child-tenant injured in this case was bitten by the dog of another tenant in a park adjacent to the apartment complex where she lived. The appellate court reversed the grant of summary judgment for the landlord because the boundary of the premises is not dispositive of the landlord's liability.
Ranwez v. Roberts


In this Georgia case, after sustaining severe injuries inflicted during a vicious attack by four pit bulls, Helene Ranwez sued her tenant neighbor and the owner of the rental property, Scott Roberts.  The crucial question in this case was whether an out-of-possession landlord has liability for a tenant's dog bite.  Roberts contended that because he had relinquished possession and control of the premises to his tenant, Glenn Forrest, he could not be held liable for Ranwez's injuries as a matter of law.  In affirming the trial court's decision, the appellate court held that an out-of-possession landlord's tort liability to third persons is subject only to the statutory provisions of OCGA § 44-7-14, which makes it clear that a landlord who relinquishes possession of the premises cannot be liable to third parties for damages arising from the negligence of the tenant.
Ranwez v. Roberts


Plaintiff brought claims against her tenant neighbor and the property owner after she was viciously attacked by her tenant neighbor's four pit bulls.  The trial court granted summary judgment in favor of the property owner.  The Court of Appeals affirmed the decision holding the property owner was an out-of -possession landlord.
Rivers v. New York City Hous. Auth. In this case, the appellate court said that in order for the landlord to be held liable for injuries sustained as result of attack by tenant's pit bull, it must be demonstrated that the animal had vicious propensities and that landlord knew or should have known of these propensities. The trial court erred in taking judicial notice of the vicious nature of pit bulls, rather than letting the trier of fact determine whether the pit bull had displayed any signs of vicious or violent behavior prior to the incident. The order denying the defendant's motion for summary judgement dismissing the complaint was reversed.
Roberts v. 219 South Atlantic Boulevard, Inc.


Defendant brought his dog to work with him as the nightclub's maintenance man. As plaintiff walked by defendant's truck, he was bitten by defendant's dog.  The plaintiff than sued the nightclub for damages due to the bite.  The court granted summary judgment to the defendants stating that the facts of the case did not meet the four prong test that was needed to hold an employer liable for injuries to a third party.
Sarno v. Kelly


A dog bite victim sought damages against absentee landlords after the tenant's bull mastiff dog bit him in right thigh. The deposition testimony of one landlord indicated that he visited the rental house approximately once per month to collect rent and check on the house in general, and only on two of those occasions did he see the dog. During one of these visits, he petted the dog without incident. Thus, the landlord established that he neither knew nor should have known that the dog had vicious propensities, and that he did not have sufficient control over the premises to allow him to remove or confine the dog.
Scott v. Donkel


In this Alabama case, there was an injury to a non-tenant child by a dog bite, and the defendant was a landlord.  The attack occurred off the rented premises in the public street.

  

The action was based upon negligence, that is, a failure to protect against a dangerous condition.

 

The key to such a claim is the knowledge of the landlord. Plaintiff presented no evidence of the landlord being aware of the dog let alone that he knew of its vicious propensity.

 

The court did not find a duty to inspect the premises and discover this information.  The court did not reach the point that the attack occurred off the premises.  The granting of the motion for summary judgment for the landlord was upheld.

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