Neighbor with Unleashed Dog Assaults My Vacation Renter in Michigan

My question involves personal property located in the State of: Michigan.
I can no longer rent my vacation cottage because the neighbor next door has a dog that runs at large without a leash, and it's aggressive behavior scares my guests. Animal Control told me to have renters call them when a problem occurs. This weekend a pair of renters did call Animal Control, and when they returned to the cottage the dog was tied up, but this neighbor confronted them, saying very angrily,"You decided to make me miserable, so I'm going to make you miserable!" My weekend renters then called to inform me that they were terrified and packing to leave right away. I found another place for them to stay the night, but of course returned their rental fee. I suggested they call the police, who visited the bad neighbor, wrote a report, and admonished her to not make any contact with my renters.
To complicate things, the property is in a group of cottages that are a condo. There are several acres of common space, but each cottage has personal property surrounding each house. The bad neighbor insists her dog "has the run of the place", and late last summer, a renter complained that the dog was "guarding" my front door, and not allowing her kids to enter. When she complained to the bad neighbor, she was told that the dog didn't like boys, and she'd have to wait for the neighbor to come get the dog away from where it was growling at the boys. They made a written complaint to Animal Control.
The condo's ruling class does not care-they have dogs too, and believe that I am the problem for wanting all dogs to be on leash. We had to leave the property because we were scared our kids would be bitten by her last vicious dog. I have tried to sell the house-well under what I paid for it, but have no takers. I know this woman is unstable, but I need the rental income to pay the bills on the cottage. If I cannot rent the cottage-and obviously I cannot rent if her dog might be there, can I sue her for damages in lost rental income? I have on file an angry letter from her detailing how she hates me, multiple animal control reports, a police report, and two letters from unhappy renters whose rent had to be returned. Thanks for any advice!

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The condo's ruling class does not care-they have dogs too, and believe that I am the problem for wanting all dogs to be on leash.

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So, what is your local government's stance on leashing your dog?

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Quoting LawResearcherMissy

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So, what is your local government's stance on leashing your dog?

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MCL 287.262

Sec. 2. It shall be unlawful for any person to own any dog 6 months old or over, unless the dog is licensed as hereinafter provided, or to own any dog 6 months old or over that does not at all times wear a collar with a tag approved by the director of agriculture, attached as hereinafter provided, except when engaged in lawful hunting accompanied by its owner or custodian; or for any owner of any female dog to permit the female dog to go beyond the premises of such owner when she is in heat, unless the female dog is held properly in leash; or for any person except the owner or authorized agent, to remove any license tag from a dog; or for any owner to allow any dog, except working dogs such as leader dogs, guard dogs, farm dogs, hunting dogs, and other such dogs, when accompanied by their owner or his authorized agent, while actively engaged in activities for which such dogs are trained, to stray unless held properly in leash.

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The condo's ruling class does not care-they have dogs too, and believe that I am the problem for wanting all dogs to be on leash.

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gee, that's funny because so does the state legislature.

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If I cannot rent the cottage-and obviously I cannot rent if her dog might be there, can I sue her for damages in lost rental income?

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you can try. I would suggest getting a statement from the renters that left as the dog being their justification. One incident is probably not going to win the battle though. Keep records of everything that happens concerning the dog.

a video cam pointing out a window where the dogs run typically would be good evidence as well. No voice recording though.

Thanks for the cite, JK.

What I'm getting at is that the local laws may even be a bit stricter than the state laws - where I live, for instance, restraining/confining the pooch is insufficient. S/he needs to be supervised, as well.

Armed with laws citing the need for the dog to be confined/leashed (and possibly even supervised!), our OP should be able to enlist the HOA's help in getting the beast confined.

OP, as JK notes, keep records of EVERYTHING. Sounds like you've already got a decent file started.

You can certainly go the court approach and sue the neighbor. If you win, you will probably not get damages, but an order to your neighbor to keep the dog leashed. Who is going to enforce that? Animal control.

Animal control sounds like it is spineless. We have animal control because uncontrolled dogs can be more than an irritation, they can be a menace.

I am an animal lover and currently have two pets of at least twelve years. I would not hurt or cause pain to any pet animal, except in a defensive mode.

If this were my property, I would be spending some time there since it's not currently rentable, and training the neighbor's dog. If it approached me aggressively on my own property, I would pull out my $8 can of pepper spray and begin the training. Dogs can easily be trained, particularly about their territory and yours. It's the most humane outcome for a dog with an uncaring, irresponsible owner, who, at the end of some future event, could see the dog shot by a deputy sheriff or euthanized by the county.

The dog is going to be more trainable than the neighbor.

I sort of like the idea of trying a small claims suit. You have actual damages in the rents that you had to return. You can allege additional damages for rent that you were unable to collect due to not being able to rent the property. All for times in the past, of course. Don't sue for future lost rent. If you win, you could sue again for different time periods to keep each suit in the small claims arena.

I don't know of any case like this that has gone to court, but it wouldn't cost a lot. It might be pretty funny if she shows up for court and tells the judge that her dog has the right to run free throughout the property.

If it were me, I'd give it a try. If it starts costing her money (or at least incurring debt that she legal owes even if she won't pay) she might reconsider her opinion. She might get mad, but it seems that she is as mad at you as it is possible to get anyway.

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If this were my property, I would be spending some time there since it's not currently rentable, and training the neighbor's dog. If it approached me aggressively on my own property, I would pull out my $8 can of pepper spray and begin the training. Dogs can easily be trained, particularly about their territory and yours. It's the most humane outcome for a dog with an uncaring, irresponsible owner, who, at the end of some future event, could see the dog shot by a deputy sheriff or euthanized by the county.

The dog is going to be more trainable than the neighbor.

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As a dog owner, I agree completely with this. Dog owners have a responsibility to keep their dogs safe, and to teach them not to bother the neighbors. If you can't get the owner to smash a few neurons together, work with the dog instead. He's quicker on the uptake.

I just happen to be in Michigan and am pseudo-retired right now and for a price I could be coerced into living there and dealing with the dogs in the manner LandSurveyor suggested:D


just kidding.

I would also speak with animal control and the police about the situation, again. I would speak not aggressively but seeking assistance. Since those other folks apparently are there all of the time, they may have the sympathy of the local authorities and might even view you as an outsider so rather than claiming "I'm right, the law says...." figuring out how to work with them and get them to assist you might be beneficial for you.

I would hope the guy does teach his dog some manners though. Since about 1 in 3 people in Michigan are licensed to carry a concealed weapon, there is a good chance that anybody you rent to will be packing and if I were confronted with a growling dog, the choice would be pretty simple; stop the growling.

Sorry if that sounds insensitive to animals but after having a relative chewed up by a dog, I don't tend to play around too much before getting real serious and ending the problem.

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a renter complained that the dog was "guarding" my front door, and not allowing her kids to enter.

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that right there might be enough to cause somebody to bring an end to the situation real quickly.

Definitely take that video, as JK suggested. Seriously, you can get a small, but effective camcorder from WalMart for $34 or so. A small tripod....

Research your township and county laws and ordinances. Print out whatever you find, and take those with you when you address the issue with your township office and the county police.

There was a case in my county where a woman let her dogs roam free, and they mauled two people to death. A woman jogging on a public road. The other was an elderly man on HIS property. The dog owner is now serving time in prison. Though no one feels that a few years is enough time. The dogs were not licensed, she had no Kennel License (needed for the number of dogs she had), and since the loose animals were reported to authorities multiple times.

If you need the county name so you can research that case (and another - horse mauled by loose dogs) PM me and I will supply that info to you.

I live up north, in a tourist area. I'm an animal owner, and my animals are always in a fenced in area, on a restraint, or with an owner. Wonderful for all involved EXCEPT that my neighbors are not as well trained as my animals are. The problem with AC is that there is often only one officer assigned to a county (budget restraints) and only for certain hours a day. It takes them awhile to respond to a complaint, and if the animal is back at home, under supervision, or on a restraint when they arrive, they can only give a warning.

I like the idea of the pepper spray, however, be aware that it doesn't always work. However, I have learned that you CAN either live trap the animal in question, or contain it in a seperate enclosure while awaiting the arrival of AC (or the local law enforcement during off hours), and they will take the dog to the local shelter while locating the owners. If the dog is not threatening, it is possible to care for the animal on a short term basis, working with AC/shelter etc to locate the owner for it's return. In our case, we do this several times a year, often called to locate a lost animal, or containing one that is threatening. AC is always very prompt in showing up to remove animals that create a threat, and two complaints for the same animal often results in it's removal from the owner, as well as tickets/fines/fees (because it's documented that you have trapped or confined said animal on your premises). If you are not comfortable live trapping the animal (or approaching it), a time stamped video is your next best 'weapon' (we have in fact used this method when dealing with a very large, very aggressive hog). You are allowed safe and peaceful enjoyment of your own property. Please be aware, that in our county, you cannot shoot an animal unless they are a direct threat to your family (not your animals, nor your property), and that includes all firearms, including bb guns.

Depending on your locale, and the government body that represents it (township in our case), it might be worth the effort to take all of your documentation to the local board meeting, and ask for their intervention in regards to this animal. If there are reports from other neighbors, joggers, etc, this will further strengthen your case. Many of these local area's depend on tourist dollars to help sustain them during the off months, and they don't want their image tarnished with reports of refusal to deal with uncontrolled animals. Good Luck!