"The Dog Clause"
By: Tyson Strutzenberg, senior vice president of asset management and development, and Marc Gittleman, senior vice president of third-party management solutions, Rising Realty Partners
This piece appears as a sidebar to Strutzenberg and Gittleman’s feature article, “PacMutual Campus: From Aging LA Landmark to Lifestyle Offices.”
PacMutual’s leases include a “Dog Policy” section, which specifies under what conditions tenants may bring their dogs into the building, as well as the tenants’ and landlord’s responsibilities. These conditions include the following (paraphrased from the lease):
- Tenant shall be permitted, during the term of the lease, to bring fully domesticated and trained dogs, kept by Tenant’s employees as pets, into the premises, on the following terms and conditions:
- All dogs shall be strictly controlled at all times so as not to foul, damage or otherwise mar any part of the building and/or the project (including the premises) or cause any loud noise whether through barking, growling or otherwise.
- All dogs shall be brought into the building through the loading bay and freight elevator only.
- All dogs shall remain in the premises and not wander throughout the building and/or the project or otherwise be left unattended.
- While outside the premises (i.e., in any common areas of the building and/or the project), all dogs shall be kept on leashes.
- Upon Landlord’s request, Tenant shall provide landlord with evidence of all current vaccinations for dogs having access to the premises and the building.
- Tenant shall be responsible for any additional cleaning costs and all other costs that may arise from the dogs’ presence in the building and/or the project.
- Tenant shall be liable for, and agrees to indemnify and hold Landlord harmless from any and all claims arising from any and all acts (including but not limited to biting and causing bodily injury to or damage to the property of another tenant, subtenant, occupant or employee of Landlord).
- If Landlord receives complaints from other tenants regarding the dogs’ activities, noise level or allergic reactions suffered as the result of the presence of any dog, and such complaints are not remedied by Tenant to Landlord’s reasonable satisfaction after five days following Landlord’s delivery of written notice, Landlord may revoke Tenant’s rights under this Section of the Lease.