Legal Question in Landlord & Tenant Law in California
Our neighbors pit bulls broke through our fence and got into our yard in order to attack a neighbors dog. They are allowed to run free in their yard and I'm afraid the owners won't be able to keep them contained in their yard. I have two small children and I can't let them play in the backyard if its not safe. Who is responsible for fixing the fence. We rent. What are the neighbors required to do to keep thier dogs contained? We live in San Benito County, CA.
1 Answer from Attorneys
You need to communicate with your landlord and make certain that he is in communication with the neighbors whose dogs broke through the fencing and got into your yard. The neighbor is ultimately responsible but a responsible landlord (i.e.yours) would immediately take the steps necessary to secure the.yard for your use. Any dog owner, not simply your neighbor, is generally required to keep their dogs under control with a leash or secured in the yard where there is limited if any opportunity for escape. Dogs in California cannot be chained or connected to a fixed point, but it may be appropriate for the neighbor to confine their dogs in a secured dog run or sizable fenced pen area with a concrete flooring that the dogs cannot dig into as a way of escaping a fence. You may also want to contact the Animal Control agency in your community.