Legal Question in Real Estate Law in California

Landlord and Dog Concerns

My partner and I run a business from an industrial park. His parents come to our shop about once a month or so. They have a rottweiler dog that they do not leash. He has told them over and over to keep the dog on a leash but for some reason (contol factor?) they will not do so 100% of the time. When my partner is not around they will let the dog off leash to 'be free' or whatever.

How might a landlord view this? (We are moving into a sublet situation and it is in a building that I'd like to stay at for a long time). I've argued with 2 people that this is a very bad image for our business. ''Animal bites'' are not covered by our insurance and I'd assume most building owners would be very upset with a tenant who had a large dog off lead.

I'd appreciate any replies and might show them to my partner. Thank you for taking the time to answer our questions.


Asked on 1/21/02, 11:16 pm

3 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Landlord and Dog Concerns

The landlord will be concerned because he and his insurance are targets for dog bite claims, not just you. It wouldn't help in a lawsuit that you and your partner know about the situation, but let it continue. If it does, then at least get your insurance to cover dog bites.

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Answered on 1/22/02, 12:18 pm
Larry Rothman Larry Rothman & Associates

Re: Landlord and Dog Concerns

You are completely right. If the dog bites anyone, you may be liable. You can tell them that they will be sued also and may have to pay a substantial amount of damages. Please contact me if you want any futher free consultation.

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Answered on 1/23/02, 8:19 pm
Wayne Smith Wayne V. R. Smith

Re: Landlord and Dog Concerns

Most commercial leases have "no pet" provisions, but all leases should have a provision requiring the tenant to obey all laws - and this includes any "leash laws" that may exist in the community. The rules of occupancy also prohibit nuisances and interference with the rights of other tenants. So, suggest that the landlord may have several reaosns here to terminate the lease if this becomes a problem.

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Answered on 1/21/02, 11:57 pm


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