The Property Management Shop
by Marc Wilson
Q. Should I allow tenants to have dogs in my nine-unit building? There is a rumor that I can get a higher rent if I allow dogs on my property. The terrible incident of a dog attack on a tenant in Pacific Heights has fueled anew questions regarding my legal exposure when renting to a dog owner. To help sort out this issue for property managers, I offer the following observations and guidelines?
A. There are three different approaches that property managers traditionally follow regarding the pet issue. Some do not allow any pets; others approve a single cat; and yet others permit dogs and cats. There are only a few of the units on the market in San Francisco that actually allow a tenant to have a dog. Consequently, the forces of supply and demand play out for those property owners willing to rent to dog owners who presumably agree to a higher rent in order to keep their dogs at home.
Although I am a longtime dog owner and cannot imagine my home without a dog, I view the tenant-pet relationship through the lens of a property manager. These tenants are convinced that everybody shares their same view of their beloved dog as cute and irresistible. Most property owners, on the other hand, see the average apartment-living dog owner as irresponsible. What kind of person who works full-time would occupy a 500-square-foot studio apartment with a fifty-pound dog? What will this dog do all day? I have seen and heard dogs bark incessantly disturbing other tenants, defecate anywhere they please (roof tops, backyards, and alleys), and ultimately destroy apartments.
I advise that any incremental rent increase achieved as a result of allowing tenants to have dogs is more than offset by the deterioration of the quality of life in your apartment buildings. In addition, the value of your property probably will decline. Based on my experience, I have a zero toleration policy regarding dogs on my properties and they simply are not allowed. I recommend that you do the same. I do, however, allow one single cat although occasionally a tenant is irresponsible and reckless in the disposal of cat litter but that can be solved with a stern written warning.
In terms of legal exposure, there is a risk of being sued if the injured party can prove that you as the property owner knew about the risk and failed to do anything. In the tragic case in Pacific Heights, what are the chances that the two tenants living in an apartment with 300 pounds of fighting dogs will have any insurance or, for that matter, any net worth at all? I recommend that in the case of new tenants you obtain references from previous property managers, prepare a separate signed pet agreement, and require an additional pet deposit if you decide to allow dogs on your properties.
If you have been unfortunate enough to purchase a property with preexisting dogs, make sure that the other tenants understand that they are not allowed to get a dog. You might even remind them of this fact in writing and keep a copy for your files. Most tenants who have a dog acquired it after moving in even though the lease contained a no pets provision. In most cases, the previous property manager either did not know about the dog or did nothing when they became aware of the dog. Your role is to inform tenants that you have not approved of their dog, you reserve the right to enforce their rental agreement which they legally may have violated, and that no other dogs will ever be allowed in their apartment. The tenant needs to understand that although they have slipped one by, they do not have the right to replace the dog if, God forbid, it should run away or die.
The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of the SFAA or the SF Apartment Magazine. Marc Wilson has been managing and selling San Francisco apartment buildings for 15 years. Please send your questions concerning property management and/or apartment building sales to Marc Wilson at 1699 Van Ness Avenue, SF, CA 94109. He can also be reached at 415-229-1275. © Copyright 2001