The case of Perez v. Richman Three Lakes Development Partners, LLC, 2022-019260-CA-01 (Miami-Dade Cnty) offers critical lessons for landlords in managing their rental properties, particularly regarding the enforcement of pet policies. This case highlights the legal and financial consequences of neglecting pet management protocols and provides actionable insights to landlords to mitigate risks.
Pet Policy Case Summary
In Perez v. Richman, the plaintiff, a tenant in a residential community, suffered injuries to his hand from a dog bite incident involving an unauthorized husky dog. The court found the landlord 75% negligent and the tenant 25% negligent, awarding $135,000 in damages to the plaintiff. The landlord’s negligence was rooted in the failure to enforce its pet policy and lease agreement provisions. Key findings at trial included:
- Failure to Enforce Pet Policies:
- The property manager did not require tenants to complete the required pet application forms.
- There was no written approval or denial of the tenant’s pet application.
- Inspections to identify unauthorized pets on the premises were not conducted or enforced.
- Failure to Monitor Unauthorized Access:
- Non-tenants were able to bring pets, including restricted “aggressive breeds” into the premises unchecked and without violation enforcement.
- Lack of Safety Measures:
- Rules for safe usage of shared spaces like dog parks were either inadequate or poorly enforced.
On January 2, 2025, the appellate court upheld the trial court’s findings, citing Florida case precedents emphasizing landlords’ duties to protect tenants from foreseeable risks.
Lessons for Landlords About Pet Policies in Rental Properties
This case underscores the importance of proactive measures in managing pet-related risks. Here are key takeaways:
1. Establish a Robust Pet Policy
A well-drafted pet policy serves as the foundation for managing pets on rental properties. This policy should include:
- Mandatory Pet Applications: Require all tenants to submit a detailed pet application, including information on breed, size, violence or aggression history, temperament, and vaccination history.
- Approval and Documentation: Formally approve or deny pet applications in writing and maintain records for future reference.
- Pet Addendums: Attach a pet addendum to lease agreements, to be signed by the tenant, clearly outlining rules and penalties for non-compliance.
2. Enforce Rules Consistently
Enforcement of pet policies must be diligent and uniform. Key actions include:
- Regular Inspections: Conduct routine inspections of both common areas and individual units to identify unauthorized pets.
- Immediate Action: Address violations promptly to deter future non-compliance.
- Clear Communication: Notify tenants of any violations and provide a notice for corrective action.
- Legal Action: if a non-compliant tenant does not cure within the notice period, take legal action to terminate the lease and evict the tenant.
3. Enhance Monitoring and Security
Unauthorized access to the property by non-tenants and their pets poses significant risks. Mitigate this by:
- Access Controls: Implement gated entry systems or other access controls to monitor visitors.
- Pet Restriction Policies: prohibit guests from bringing unauthorized pets on the premises.
- Visitor Policies: Require guests to register and get written approval of pets upon entering the property and comply with pet rules.
- Surveillance: Use cameras or security personnel to monitor common areas for unauthorized activity.
4. Establish Safe Use Rules for Shared Spaces
If your property includes amenities like dog parks, ensure they are safe for all tenants by:
- Posting Clear Rules: Display visible signs detailing rules for dog park usage, such as age restrictions for children and requirements for pet control.
- Limiting Access Hours: Designate specific hours for dog park usage to allow for cleaning and maintenance.
- Designating Safe Zones: Separate areas for different dog sizes or temperaments to prevent conflicts.
Drafting Effective Pet Addendums
A pet addendum is a crucial document for mitigating risks. Here are components to include:
- Breed Restrictions: Specify that aggressive breeds or pets with a history of aggression are not allowed.
- Behavioral Requirements: Require pets to always be well-trained and under the control of their owners.
- Health Records: Mandate up-to-date vaccination records and regular veterinary check-ups.
- Penalties for Violations: Outline fines or lease termination for unauthorized pets or policy breaches.
Drafting Dog Park Rules
Dog park rules should prioritize safety and clarity:
- Supervision Requirements: Prohibit unsupervised children from entering the dog park.
- Time Limits: Impose time restrictions for individual usage to prevent overcrowding.
- Waste Disposal: Enforce strict rules for cleaning up after pets.
Financial and Legal Implications
Neglecting pet policies can lead to significant financial and legal consequences, as seen in this case. Landlords should:
- Invest in Insurance: Secure comprehensive liability insurance that covers pet-related incidents.
- Document Everything: Maintain detailed records of pet applications, approvals, inspections, and communications with tenants.
- Consult Legal Experts: Work with attorneys to ensure pet policies and addendums comply with local and state laws.
Pet Management in Rental Properties
The Perez v. Richman case highlights the critical role of effective pet management in rental properties. By implementing robust policies, consistently enforcing rules, and prioritizing tenant safety, landlords can reduce risks and foster a secure living environment. Proactive measures not only protect landlords from legal liabilities but also enhance the overall appeal of their properties to responsible pet owners.
Property Management Law Solutions, PLLC is a Florida law firm that specializes in landlord-tenant law and is a landlord-only law firm. We provide statewide services including evictions, consultation plans, education and training, membership plans, lease agreement plans and more. If you are a landlord or property manager, contact us today or subscribe to one of our online membership plans.