San Francisco Apartment Association
SFAA Magazine Archives

July 2002

Feature

Pets in the City: A Legal Perspective

by Brian R. Davis and Richard M. Williams

The dog-mauling at the Pacific Heights apartment building that resulted in the tragic death of Diane Whipple and the ensuing criminal and civil cases raise serious questions about premises liability as well as concerns about pets for owners, managers and tenants.

Catch-22

Owners and managers have been placed in a "Catch-22" situation. On the one hand, they must (and should) protect their tenants’ privacy rights—allowing tenants the quiet use and enjoyment of their home without intrusion and interference by owners and managers. On the other hand, when a rare and tragic incident like the one in Pacific Heights occurs, they are expected to have foreseen and prevented it by controlling the actions of their tenants and, in the absence of doing so, are expected to bear the civil (and potential criminal) responsibility.

San Francisco is a city of many renters with pets. Consequently, when those animals cause injury to their neighbors and visitors, it presents potential civil liability for the renters, owners and managers. San Francisco is also a city with a long and turbulent history of advocacy for increased rights of and protections for tenants, and, concomitantly, reduced rights and protections for owners and managers. Simply stated, tenants in the City take very seriously their right to the quiet use and enjoyment of their rented property. But along with those rights come duties and responsibilities owed to their neighbors, other tenants, property managers, landlords and the community at-large. When it comes to including animals in the living environment, all parties have rights, duties and responsibilities.

Owners & Managers

Owners and managers have the duty and the right to rent housing that is safe for their tenants. To that end, they have the right to insist that the housing be free of any pets, which of course, would be the most effective way to eliminate any potential civil liability for injuries caused by animals. But given the nature and extent of San Francisco’s pet-loving community, and given the current softening of the rental market, this may be an unrealistic demand.

Recognizing that many tenants and potential renters have pets, owners and managers also have the duty and right to protect themselves and other tenants from a potentially unsafe condition (the animals) on the premises, as has been demonstrated so tragically in the loss of Ms. Whipple’s life by the actions of her neighbor tenants and their dogs.

Tenants

Similarly, all tenants have the duty and right to a safe-living environment. Tenants who own pets have a duty to respect and maintain a safe-living environment for their neighbors. To that end, tenants need to abide by their obligations by considering the following:

  • Does the owner and manager prohibit any animals on the premises?
  • If the owner and manager permit pets, have they placed limits and restrictions (e.g., type, number and size of animals, leashes, muzzles, off-limit common spaces)?
  • Is the size of the unit or common area of the building appropriate or sufficient for pets?
  • Is there a yard or nearby open space to accommodate pets?
  • Is the type, size or personality of the pet appropriate for the premises?
  • Do the other tenants have pets?
  • Have they taken all reasonable steps to ensure their pets will not endanger anyone on the premises?


Communication

Effective and consistent communication among owners, managers and tenants is important in creating and maintaining a safe living environment and in preventing a foreseeable or unforeseeable condition that requires a remedy. It is also an important consideration in evaluating civil liability, if any, when an incident occurs. For example, if tenants have pets, they must provide actual notice (preferably written) to the manager and owner. If the other tenants experience problems or incidents with on-premises animals, they also must provide actual notice. Otherwise, the owners and managers do not have an opportunity to provide the appropriate remedy.

Without actual notice of a problem or incident and an opportunity to provide a remedy, there cannot be assurance of maintaining a safe environment or the creation of any civil liability or responsibility on the part of the owner and manager.

What Can the Owner and Manager Do To Protect Themselves?

There is simply no such thing as absolute protection against, or guarantee of immunity from, premises liability for an incident involving tenant’s animals. But there are steps that can be taken to increase your protection and to minimize or reduce the liability exposure:

  • Require a written agreement concerning the duties and rights of the tenants with respect to pets;
  • Require the tenants to carry renters’ liability insurance with coverage for pet liability;
  • Require the reporting of any incidents involving the pets;
  • Require disclosure of prior incidents and the pet’s propensities;
  • Maintain a consistent and posted policy for all tenants and the entire building premises with respect to pets;
  • Reserve, within the lease, the right of eviction of tenants for violation of these agreements and rules; and
  • Require the tenants to enter into a written agreement to indemnify the owner and manager for liability arising from any incidents involving the pets.

Conclusion

The desire and expectation of all tenants, owners and managers is a safe and enjoyable living environment and community which, consequently, will also minimize or reduce the number of incidents (foreseeable and unforeseeable) and the civil liability exposure for all concerned. This only can be achieved when everyone complies with their duties and obligations to respect the safety and living environment of their neighbors.

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. Brian R. Davis and Richard “Rick” M. Williams are partners at the Law Firm of Ropers, Majeski, Kohn & Bentley (Associate Members). They can be reached at 415-543-4800 or 408-287-6262. Brian specializes in commercial contract and tort litigation and trial work. Rick represents, and is currently defending, the owner of the apartment building in the civil litigation arising from the Pacific Heights dog-mauling incident. © Copyright 2002.