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Tenant's dog bite

fxing

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My current tenant moved in last summer with his girlfriend who has a medium-sized dog that they claimed to be "friendly and well behaved". Our 1 year least expired end of May and they wanted to renew at that time. However, I told them I can only sign month to month lease with them because they still have outstanding rent they owe me from the prior month which they promised to pay off in June (middle of June, still owe half). We were going to sign the new lease contract end of May then they got COVID so I had to wait for few weeks and finally we decided to do next week. So basically June kind of in limbo and not covered by any lease agreement. Then couple of days ago my husband and I went there to inspect some repair work done by the contractor and when my husband was talking to the tenant's son the dog jumped out of the front door, suddenly and viciously attacked him. My husband was bit by the dog, painfully injured and we had to go to the emergency. He got his tetanus shot and has to take antibiotics. The entire experience was terrifying.
My tenant phoned us saying they were very sorry and excused the dog is a "guard dog", he also mentioned his son can't handle the dog and he always keep the dog inside the house and make sure he is home if there's anyone visiting the house. After that they didn't do anything further. His comments and the incident make me feel the dog is dangerous to the public and I don't want that dog stay in that property anymore. I want to send them a letter saying either remove the dog within 30 days or find a new place to move. I don't know if I am over reacting this case or should I give them another chance? But what about it happened again on our neighbors? Who will be fully liable? If I ask them to leave should I give them 3 month lease or less, we are not under new lease now.

Thanks
 

Tina Myrvang

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Sorry about your husband. I hope he is healing quickly. That is a dangerous dog, and should not be there. Get the dog out or them.
 

Martin1968

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Few things. Did they sign a pet addendum, dealing with things like cleaning up after pet, noise complaints and in a worst-case scenario safety issues? That would be a very good start. Secondly, just do a bit of research of how to report the attack wether it’s a police report or with health authorities. Very important.
Now you have all the ammunition you need to evict the dog in the first place. You tell the tenant that you are evicting the dog as per now, but it does not relieve them of giving you the normal notice required In case they want to move out themselves, in AB that would need to be a full calendar month. But you could/would of-course fully cooperate with them in case they want to do an instant move.
I want to stress that you would need to have all the above in place, be decisive but instead of giving them 3 months you put the ball in their court. Believe me, they will follow their dog I’m pretty certain of that. Chalk up any small financial loss and move on.
 

Thomas Beyer

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Assuming no new lease has been signed by default they are now on a month to month lease.

Different rules apply depending on province. What province is this?

Evict the dog AND them AND sue for damages (regardless of them remaining as tenants or leaving) !!

Don’t let them trample on your rights in an asset worth hundreds of 1000s of dollars !

Be tougher, far tougher. Hire an eviction firm if you find it too stressful !!
 

Thomas Beyer

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Unclear what the court precedence is on eviction if an isolated dog incident.

Usually assault is cause for eviction.

Demand damages anyway.

If rent is in arrears evict on that. Research the precedent. Not as trivial as it may seem on an otherwise normal dog.

Some insights here https://duckduckgo.com/?q=eviction+alberta+dog+bite



Sent from my iPhone using myREINspace
 

Matt Crowley

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One point unclear in your story is if you provided proper notice to enter to inspect the repairs? If you didn't provide proper notice (and there are specific standards you have to meet: 24 hours notice, specific time range, specific reason), you might have entered at your own risk.

In general, your paperwork seems like it could be a bit better managed. If you need to go through any court proceedings, get your paperwork in order right away. If you no longer want them as a tenant, provide them with proper notice their month-to-month tenancy is at an end.
 
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