Liability of a Horse on Premises

Parent Cafe
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<p>I had a rental house on a large lot, 22000 SF in a Suburban environment.
I rented the house to a tenant, who at the beginning of the lease, he had two dogs on the lease and I allowed it. 4 months in to the lease, without my knowledge, he put a pony into the yard.
According to the zoning, you are not allowed to have a horse unless its on an acre of land, my prop is only half that.</p>

<p>Clearly he is not only violating the lease but also violated the zoning.</p>

<p>What my liability on this event? Other than evict him, any other suggestions?</p>

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<p>Call the zoning enforcement officer. They may cite him with a written warning. The neighbors may or may not complain. I would also want to know how well he performs barn management and how solid waste is removed. Would this affect any well water on your property or your neighbors. Are there any issues with flies, odor or rats? </p>

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<p>Begin eviction proceedings.</p>

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<p>I work in code enforcement - don’t call the county, they will come after you as the property owner as well as the tenant. I would send a letter to the tenant informing them that it is a violation of their lease as well as the zoning and give them a deadline to get rid of the animal or you will have no choice but to seek legal counsel.</p>

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<p>@ECmotherx2‌
Thanks for the advise. Good point about the solid waste etc. But the water is city water.</p>

<p>The neighbors have written letters to complain about the horse and noisy parties and has threaten to report the horse if the noise does not stop. That is why I learned about the horse. Apparently, he acquired the animal just within last few weeks, I had no idea as I do not visit the premises often.</p>

<p>Other than eviction, any suggestion on ramifications? Its a little hard to get a suitable tenant… I will certainly try to tell him that he has to get rid of the horse, but the eviction costs a lot of money.</p>

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<p>This does NOT sound like a suitable tenant!</p>

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<p>How about a zoning variance at the tenant’s cost?</p>

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<p>Do you really WANT a horse on your property? Do you? This tenant went against the zoning regulations. PERIOD. Why do you want this tenant in your house? What is next? Maybe he will decide to build a barn on your property…or raise chickens. Maybe a second horse? Seriously, this could open a huge can of worms.</p>

<p>Where I am, when a variance is submitted, the neighbors must be informed. And they can express their opinions ( it sounds like they already have). </p>

<p>Our zoning regs prohibit having livestock…horses included…in our neighborhood. If a neighbor asked for a variance, I can guarantee that everyone else on my road would go to the hearing and say NO. This is a residentially zoned neighborhood, as is yours.</p>

<p>I agree with the suggestion upstream. Draft a letter and include the zoning regs this nitwit has violated. Give him a very set timeline to adhere to the zoning regs…or you will have to seek legal action.</p>

<p>You know…a horse is really going to mess up your yard!</p>

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<p>Is this the guy with questionable credit history?</p>

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<p>There’s a difference between a horse and a pony. Maybe he doesn’t think he is violating any ordinance if it’s only against horses. :)</p>

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<p>I’m guessing that the ordinance prohibits any kind of livestock if it is a residential neighborhood zone.</p>

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<p>Maybe he’ll claim it is an emotional support animal not a pet.</p>

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<p>You could give the pony a close crew cut haircut and try to pass it off as a Great Dane dog to avoid no horses allowed ordinance.</p>

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<p>Get a copy of the ordinance, familiarize yourself with the terms and definitions of what is allowed and what is not, and then consult an attorney. We can give you pointers and suggestions, but only a qualified attorney can give you legal advice. A letter from a lawyer to your tenant can also have morel weight than a letter that you personally wrote. If you are dealing with real estate and tenants, you need to have a contact number of a good attorney handy, because stuff happens. </p>

<p>I agree with Thumper - do you want to keep renting to a tenant who is hated by the neighbors? They can get you in trouble with the county/city/whatever, and they can also invoke some magic that the property suffers some mysterious damage. </p>

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<p>I just try talking to this tenant first. Let’s not get the lawyer involved yet. If he is stubborn and not removing the pony, get a lawyer.</p>

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<p>Gotta ask…where is the pony being kept…in the garage? Or is he outside all the time…poor thing? Is this the garage where you had all the trouble with smells? If so, be prepared to deal,with that again :)</p>

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<p>Ponies are fine outside all the time. The problem is the half acre of pasture! That is WAY too little for a horse, even a pony. Your land will get stomped up and overgrazed. </p>

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<p>DrGoogle, a consult with a qualified attorney is NOT equivalent to filing a lawsuit. Some folks posting occasionally in CC could definitely benefit from real legal advice. </p>

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<p>“How about a zoning variance at the tenant’s cost?”</p>

<p>How is zoning variance going to help to stop the partying and how does it help the horse that needs at least a “horse acre”?</p>

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<p>Consult lawyer is not free. I would find the zoning ordinance first, it must be posted be each city. I actually called the police about my neighbors and they explained the law to me. I got the law explaining to me by the people that enforcing the law first. I never told them my address.</p>