49.5 Tort Liability Luis and Barbara Chavez leased a house they owned in Arizona

Question

49.5 Tort Liability Luis and Barbara Chavez leased a house they owned in Arizona to Michael and Terry Diaz. The lease provided that no pets were to be kept on the premises without prior written approval of the landlords. The Diazes, without the landlords’ consent or knowledge, kept a Pit Bull and another dog, which was half Pit Bull and half Rottweiler, at the leased premises. Two weeks later, the Diazes’ two dogs escaped from the backyard and attacked and injured Josephine Gibbons. Gibbons sued the landlords for damages. Are the landlords liable? Are the tenants liable? Gibbons v. Chavez, 160 Ariz. 73, 770 P.2d 377, Web 1988 Ariz.App. Lexis 373 (Court of Appeals of Arizona)

Explanation / Answer

ANSWER: The landlords are not liable because they clearly stated in the lease agreement that no pets were to be kept on the premises without prior written approval of the landlords. As the tenants never indicated in writing about keeping the pets thus violated their lease agreement and also their negligence caused harmed to another individuals. The tenants are liable as they violated their lease agreement. In case the landlord pays any damages can collect damages from Michael and Terry Diaz for breach of contract.

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