Legal Question in Real Estate Law in California

Re: Aggressive Dog - Landlord Responsibility

You have neither possession nor control of your tenant's animal. You probably would have no right to evict at this time unless your lease provides that the tenant is not permitted to have dogs and you had no knowledge of the dog's existance until recently.

I know the landlord was sued in the Diane Whipple case. However in that case the Landlord controlled the hallways and was accused of negligently permitting a dangerous condition to exist in the hallways, an area exclusively in the landlord's control. I get the feeling from your question that any risk posed by the animal is beyond the property itself. But, if you are aware of a dangerous condition on property which you control you must act reasonably to minimize or eliminate that risk.

Without more detail, I can't be more specific to your case. If you are in Southern California and want to explore this further, feel free to contact my office.

Re: Aggressive Dog - Landlord Responsibility

If the dog harms another person or animal, you can expect to be sued. If the tenant is month-to-month you should consider giving a 30-day notice to terminate the tenancy. A bill in the Legislature that would extend the eviction notice period to 60 days may be enacted soon. If the tenant is on a lease, you may want to obtain legal advice to see whether the tenants violate the lease by having this aggressive dog.

Re: Aggressive Dog - Landlord Responsibility

You could give a 3 Day Notice to Abate Nuisance (remove the dog) or Quit. You, as the landowner are maintaing a nuisance and could be sued. Unfortunately, you could also be sued for breach of lease if you lease agreement allows dogs. You should probably get a written statement from the aggreived neighbors before serving the 3 day notice. At least you can then show you acted in good faith.