Legal Question in Real Estate Law in Massachusetts

"My tenant is breaking the lease by having a pitbull. Can I write an amendment to the lease allowing her to have the dog as long as she will be leagally responsible for any damage the dog causes to anyone's person or property?"


Asked on 9/30/11, 8:16 am

1 Answer from Attorneys

You can amend the lease, but what is the reason for doing so. If the reason is to protect you from liability for the Pit Bull, that is not going to help.

Owner of a dog who bites has strict liability. Your liability will be based on knowledge of the Pit Bull being in the premises and then allowing an unsafe animal on the premises. If you want protection for the actions of the Pit Bull, you will need to do more to protect your interests.

She is responsible for the action of her dog, your liability will stem from other issues.

If you want assistance, you should contact an attorney as to the various ways to limit your potential liability.

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Answered on 9/30/11, 7:03 pm


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