landlord/tenant Q&A

CATHERINE M. MATTHEWS (R), GRI
Broker-In Charge, Callahan Realty, Ltd.
Past President, Oahu Chapter
National Association of Residential Property Managers

Q. I’m a landlord and a dog lover, so I always advertise my rentals as “dog friendly” when I have a vacancy. So far I have had no bad experiences…I’m very careful about interviewing both the dog owner and their dog(s) before making a commitment. However, I recently rented a small house with a yard to a family with two dogs who have become very territorial and I’m concerned about delivery and repair people who may need access to the property at various times. I have advised the tenants that they must be home to control the dogs whenever something is being delivered or when repair people are entering the home or working around it, but I’m beginning to think pet insurance may be in order “just in case.” Who is protected by pet insurance… the renter or owner? Is it offered by most general providers locally or is it specialty?

Also, I did not include pet insurance as a requirement in the lease for the rental that was signed only two months ago. What kind of notice do I need to give the tenant and, at this point, do I amend the basic lease? What are my options if the tenant refuses to comply?

A. These are very good questions. Your direction to the tenants to always control their dogs is good advice. I would put that in writing in a friendly letter to them. I would further suggest including that you are concerned about the territorial behavior of the dogs and ask that they get insurance for their protection as you said, “just in case”. However, if you did not require it in the initial lease, you may not amend the lease or any terms of the lease until it is up for renewal unless they agree. Without a pet addendum that addresses this issue or an actual incident of aggressive behavior, I see no recourse for you in the Landlord Tenant Code, the Hawaii Revised Ordinances pertaining to dogs or the lease itself.

“Pet Insurance” is actually a policy called a Homeowners 4; the name is misleading because it is for people who do not own; it is for tenants, lessees. It protects tenants as a result of lawsuits concerning their pets, a golf ball they hit astray that caused damage; it also covers contents against fire, plumbing related water damage, electrical surges, spoiled food in a refrigerator that broke and much more. This type of insurance is inexpensive and may be required by a Landlord if the term is spelled out prior to signing the lease. In a claim covered by the policy, the tenant’s Homeowner’s 4 would take first priority; it would defend both the Tenant and Landlord up to the policy limits; should the suit exceed its limits the Landlord’s liability policy may also be called upon.

If you are seriously concerned and would like the Tenants to obtain insurance prior to renegotiation of a new lease and they refuse you could offer to reduce the rent for one month by the amount they would pay to obtain the insurance. This may make them amenable to getting it, especially if they are made to understand their liability with or without insurance. This small amount of money you would be out could add a great amount of protection and peace of mind for you. You could then require it when the lease renegotiates.

I would strongly suggest having a pet addendum when anyone allows a pet in a rental; it doesn’t matter whether the pet is a dog (be it a Great Dane or a Tea Cup Poodle), a cat, rabbit or pig. A good pet addendum answers many questions and prevents many misunderstandings up front. As a dog lover you probably treat your dog as a family member and would not dream of allowing her to misbehave in any manner; however, all pet owners are not created equal. I am not an insurance agent (although I consulted with one in writing this article), so please contact your insurance agent to confirm the information that I have provided.