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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 99980
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Tenants have a pit , it's vicious they just let it to

Customer Question

Tenants have a pit bull, it's vicious they just let it to roam, it has been aggressive to my guest. They are suppose keep her tied while outside but they don't 80% of the things me they just open the door let her out. I've explained that she should hurt someone that the liability would fall on me, because I know she aggressive. Also, they have a slew of chickens that are suppose to be confined in a shed I said they could use, they in retaliation pit them to crap all in my garage which they are not permitted to be unless with my permission, they let them roam on my property crapping every where, they brought baby hogs on property without my consent and they are ruining the ground in shed. My question is: Do I have the right to call animal control and have them removed? I have told tenants that they are violated the rules O laid out for pet's many times, I believe if a landlord occupied dwelling allows the pit bull roam knowing it is dangerous that owner would be liable. The live stock are a health issue wth crap all over, the hogs are unauthorized. thanks...property is located in Chuckey, TN 37641 I do have pic's of her in aggressive stance and lounging at me while tied also her loose in yard again.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Ely replied 5 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me:

1) Does the lease specifically ban animals, or, is it silent on the matter?

2) Has the dog actually damaged any property or injured anyone? Has its bark been a nuisance to anyone? Please be specific.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 5 months ago.
No written lease, oral, but the ad about apartment says pet friendly some restrictions per breed. This is not a apartment complex its my home I live here in main house with daughters and grand babies, they live in the basement completly seperate from my area, I have terminated the agreement for vilolent behavior grug use and harrament, the detaner warrant has not been served yet, next court for eviction and possession. The dog was going after a lady on the road, she was fighting it off with her cane, we, my family fun to our vehicles when dog is out. My insurance won't cover this breed, I have one but he's a big baby man and never is loose not aggressive like her.
Customer: replied 5 months ago.
Drug use and harrasment, I ment.
Expert:  Ely replied 5 months ago.
Thank you.
You do not list the pet breeds in the ad, do you? And, did you mention to them verbally that pet bulls would not be allowed when they moved in?
Finally, you state " I have terminated the agreement for vilolent behavior grug use and harrament...." So in other words, you have already begun the eviction process on them?
Customer: replied 5 months ago.
I gave them Notice of Termunation, court ordered a Detainer Notice, court date on the 29th, they are hold over now and are running a muck on the property, they lived in basement and ate not permitted to let dog & chickens loose the are harassing me.., they are using the system to their advantage, they say they are not leaving. In the termination I listed every violation of non compliancy. Since lease was month to month and I have terminated the agreement not sure if I have to get eviction just surtender of possession
Expert:  Ely replied 5 months ago.
My apologies for the wait.
You did you answer my question of "You do not list the pet breeds in the ad, do you? And, did you mention to them verbally that pet bulls would not be allowed when they moved in?"
I am going to assume that no language/discussion of specific breeds occurred.
At this point, they have not (arguably) violated the tenancy by getting a dog because simply having a pit bull is not unlawful. And no advert/instructions specifically prohibited put bulls. So you never formally disallowed them to have one. Pit bulls are not banned in TN, and I do not believe that they are banned in the county and municipality this is in, either.
Furthermore even if they were and this would be counted as a material breach, you already have an eviction case ongoing against them. There is nothing you can do until/unless they are evicted. So you can AMEND the eviction complaint to include the dog (if you feel it is warranted), but that is about it.
If they surrender the possession, great - that would be faster. But if not, you would have to list the non-compliance to the Judge and have them decide.
Do I have the right to call animal control and have them removed?
DOG: Not unless your county/municipality has banned pit bulls. You can CALL IN a "dangerous animal," and then the animal control would come out to investigate but they will not take the animal unless it is really a threat, or, has been banned by local laws.
CHICKENS: Possibly, yes.
Also, note that you can sue the tenants for damage to your property by their animals that goes above/beyond the deposit.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 5 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Customer: replied 5 months ago.
The issue was not that they have a pit bull, I have 2 pit bulls myself, the problem is they are to tie the pit bull as do I while outside, as I would be liable for any law suits due to the dog being aggressive, my homeowner's insurance does not cover pit bulls, mine are sweet and would luck ya to death and their dig has a screw loose and is dangerous. I did list this issue on the termination of agreement and on the Detainer Warrant along with many other violations of our agreement. I mean they have locked me out if my laundry room, I use a exterior door to get in, they have another door from inside the apartment, since I gave the Notice to quit they've taken over my room in which they had privilege to just the use of washer an dryer only, they have or had a lock on the door they used but took if off and claiming they don't feel safe!, now if anything it is a common area my property and I've been told that I can get entry to that door anyway I wish correct? The problem with access is in the wilful attempt to raise my electric bill they have set the timer on 99 minutes (they let my daughter in to do her laundry she saw timer) and for 10 days now have been pushing start win the cycle is done, it has ran basically non stop for 10 days, I can not afford to pay that and it is a fire hazard correct? So my question is what laws are there to protect an owner from this harrasment? The dog is just one issue, there are many they are using the system to benefit their selves and harassing me at the same time. Thanks
Expert:  Ely replied 5 months ago.
The landlord should not be liable for any put bulls that his tenants have, and that his tenants have on the tenant's property.
You can tell them not to trespass unto any property specifically not designated in the lease. If they do, you can get a restraining order.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 5 months ago.
That's not what animal control and Insurance Co. told me, I guess because the home is technically a single dwelling? Regarding trespassing the sheriff basically told them that they could do anything they wanting and they have taken full advantage of that, he told me that we are co-tenants? No help from them, they do not know the law and it angers them if I try to tell them, they say I'm being argumentive! DA won't respond to my emails, sheriff was seemed irritated when the assistant da told me to have him write a report that they have threatened me and threatened to burn my house Dow, says don't know what good it will do "it's civil matter", seems I can't get any help with any of it.
Expert:  Ely replied 5 months ago.

You did not tell me that the home is a single dwelling. However still, if the injury occurs on the part that is rented out, you technically should not be liable because that portion of the property belongs to the tenant for the duration of the tenancy.

The police or the DA are not going to help you unless the tenant threatens violence. So the best way is a restraining order.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 5 months ago.
They have threatened me physically, threatened to burn down house, broke in garage and stolen from me, Assistant DA told me to get report from sheriff I told rhe sheriff that DA office sent me to get a report of the threats he was annoyed and said "I don't think it will help it's a civil matter", picking up the report and taking to do DA tomorrow see about restraining order. Do you have any other advice as to the locked laundry room door it's not part of their apartment and is a common area that is my storage they only have use of washer n dryer from the door from their apartment, Is it true that I can gain entry by.cutting off the locks on door? Also what about locking the door to their apartment to keep them out of laundry room because of the malicious attempt to raise electric bill that I have to pay and being a fir hazard by running it most of the day n night for 10 days now. I can prove to judge that they are doing this not worried about that.
Expert:  Ely replied 5 months ago.

Your follow ups are above the original topic's question. I would be happy to answer them if you wish to open another question thread about this. Meanwhile, please do not forget to rate positively herein.

Or, I can opt out and open this up for other experts. Please let me know if you wish for me to do this.

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