LEGAL CORNER
By
STEPHEN C. DURINGER, ESQ.
THE DURINGER LAW GROUP, PLC

Q: I will probably have a vacancy coming up at the end of this month. I started advertising the unit and I put a sign in the window. Luckily, I’ve already received quite a few applicants. There are a few that sort of qualify, and I guess I could rent to one if I had to, but I’d like to continue with the ad and get a few more prospects to choose from.

The thing is, one of the applicants is getting pushy. She calls me several times a day, says that she knows she is qualified, that I have to rent to her because the unit is still available and she was the first to apply. Truth is, she probably does qualify, but I’m just not sure. I haven’t actually denied her nor have I accepted her, I just need more time. Do I have to rent to her because she was first to qualify?

A: No, there is no requirement to rent to the first person to meet your criteria. You are free to continue and accept additional applications from other candidates. From the pool of applicants you may select the best and most qualified applicant, without regard to timing of receipt of the application.

Often an owner will have a single vacancy and have many qualified applicants to choose from. A thoughtful review of all applicants and their qualifications will allow you to select the most qualified tenant. Don’t let the pushy prospect bully you into making a premature decision.

Q: Most of my rental units are large and each one has an enclosed yard.

I think that tenants with dogs tend to stay longer because not many buildings accept pets, so I allow my tenants to have certain types of pets.

I recently received a letter from a resident complaining that another resident’s dog growled and seemed to lunge at her little toy poodle.

Now, I like dogs, but not necessarily toy poodles, strange little things. I think that the poodle probably started it, but I don’t know for sure. Anyway, no harm done, no bites, no blood. Should I be concerned?

A: Yes. Although you are not the owner of the dog, and would not directly be responsible for any injuries that may result from a vicious dog attack, you may be held responsible based upon a theory that you, as a landowner, allowed a dangerous condition, the vicious dog, to remain on your premises.

Once you are on notice of any dangerous propensity, either a bite or even an aggressive growl, you must take action to eliminate the threat of injury. Many juries will extend liability beyond the dog’s owner to the landlord if the landlord knew or should have known of the dog’s dangerous propensities, yet took no action to eliminate the danger.

The foregoing is presented in a general nature to address general legal issues. Specific inquiries regarding a particular situation should be directed to your attorney. The Duringer Law Group, PLC is one of the largest and most experienced landlord tenant law firms specializing in evictions and in the collection of debt, representing landlords exclusively. The firm may be reached at 714.279.1100 or 800.826.6994 or 877.387.4643. Visit our website at www.DuringerLaw.com for more information.