Legal Question in Real Estate Law in California
Dog Eviction
I have been asked to remove my dog from my rental. My dog is a very loving companion mostly to my daughter. We have had him since he was born. The plumber a friend of the landord sent his kids to work on my plumbing problem. They had an unmarked vehicle and came to our house unescourted by the landlord with a key to the house. I happen to be driving up. I told them I would need to put my dogs in the back yard. The kid proceded to follow behind me. I yelled at him to back off while I put the dogs up. He did not. My dog slipped between me and the gate, went around behind the kid and bit him on the back of the leg. I not only scolded my dog, but scolded the kid. Making the landlord upset by my behavior. The landlord is making me get rid of one of my two dogs. My daughter stopped eating due to her loss, and now has to continually use an enhalor. The doctors say find a home you can have the dog at, since he is a really good dog with protective behavior. That is not as easy as it sounds. The landlord did give permission to have the dogs. I am an excellent tennant of 9 years. What are my rights on keeping the dog if any? He is a very sweet lab mix. It has been very difficult to find a home for a three year old dog.
1 Answer from Attorneys
Re: Dog Eviction
The problem is that your dog has now bitten someone. The landlord would not be liable if your dog bit another person, as you would be. The landlord is most likely within his rights to withdraw permission to keep the one dog, in spite of his previous permission.
You, on the otherhand, might have an action against the plumber's kid, and therefore the plumber and the landlord, for trespass, since you told him to stay back.
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