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Ohio Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for Ohio on
Q: Hello, my apartment complex is denying my ESA animal due to a no dog policy. Am I allowed to bring the dog on property?

I have been diagnosed by 2 mental health professional with disorders that meet the criteitia for an ESA animal. I turned in the proper letters and info but my apartment complex denied me and didn't state why. Then I provided the professionals credentials to show they can write the letter. The... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you are facing a challenging situation with your apartment complex regarding your emotional support animal (ESA). While you have provided the necessary documentation from mental health professionals to qualify for an ESA, your apartment complex has denied your request without stating... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Ohio on
Q: Can my landlord make me give up my service dog?

They were aware before I moved in

T. Augustus Claus
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answered on Feb 2, 2024

In Ohio, landlords are required to make reasonable accommodations for tenants with disabilities under the Fair Housing Act. If your service dog assists with a disability, such as a physical or mental impairment, your landlord cannot legally require you to give up the dog. Additionally, if your... View More

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: We live in Cleveland Ohio, Collinwood neighborhood, our neighbor has two dogs that bark nonstop at night

We've spoken to them but they don't fix the problem

James L. Arrasmith
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answered on Nov 12, 2023

Here are a few options you can consider to address the neighbor's barking dogs in Cleveland, Ohio:

- Contact your local animal control department. Persistent or excessive barking that disturbs the peace is prohibited under Cleveland city ordinances. Animal control can investigate,...
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2 Answers | Asked in Wrongful Death and Animal / Dog Law for Ohio on
Q: My 6 yr old Morkie died because he had surgery at a major medical clinic and they left a sponge in him..what do I do now

They have apologized but I want to keep this from every happening to any other pet or pet family. He was pure love and joy and our family is DEVASTATED. There was negligence and carelessness throughout and multiple times to catch it that were missed by trusted animal medical facility doctors and... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 26, 2023

While your family was devastated by the loss of a pet, and you probably consider your pet to be part of the family. In Ohio, a pet is merely personal property and there is no emotional or other non-economical damages that can be recovered, absent circumstances that your post does not mention.

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1 Answer | Asked in Animal / Dog Law and Civil Rights for Ohio on
Q: An airline denied access to my sons legitimate medical alert service dog in June of 2023.

June 2023 an airline denied flight access to my sons legitimate medical alert service dog, even though I filled out all of the correct forms. They even saw my son and saw me performing medical care to him while waiting, and still chose to make the executive decision to deny access for his service... View More

John Michael Frick
John Michael Frick
answered on Jun 21, 2023

Maybe. There are three considerations.

The dog must be an actual trained service animal. The dog must pass the “public access test” and show it will remain focused on your son and his needs even in a crowded and busy airport. The dog must fit on your son’s lap or in his seat’s...
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1 Answer | Asked in Contracts, Animal / Dog Law and Appeals / Appellate Law for Ohio on
Q: Would I be able to go after a vet office for making me sign things while I was in a mental crisis?

When I had to put my cat down, I was not in the correct state of mind. I could barely comprehend what was going on at the time as if I was in a dissociative state. I'm not able to pay the bill, and despite me saying that multiple times, it felt as if they kept pressuring me to sign the... View More

Matthew Williams
Matthew Williams
answered on Jan 14, 2024

You need to pay your bills like all of the rest of us.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Animal / Dog Law for Ohio on
Q: Seeking advice on a Pet Insurance Claim. My policy covers Congenital Heart Disease. A defect occurring at birth.

My policy w/MetLife started the day I brought my Rottweiler home at 8 wks.Comprehensive Wellness & Accident & Illness.No heart murmur was heard at the 6wk check w/her breeder.I took her to her first wellness visit A heart murmur was noted but no real concern as murmurs are very common in... View More

Nicholas P. Weiss
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answered on Oct 25, 2023

You may have a claim for bad-faith insurance coverage against met-life for refusing coverage. This can result in hefty punitive damages and attorney fees for refusing to reasonably provide insurance coverage.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Dog ownership issue with ex- girlfriend

Hi, I purchased a dog for us when we were together. I have the receipts with my name only on the purchase as well as all communication with the breeder. Within weeks of the purchase my gf broke up with me and took the dog to the vet and "registered it" - their words not mine. What are my options?

Nicholas P. Weiss
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answered on Oct 25, 2023

"Registering" a dog means nothing. I could probably register your dog too.

Dogs are considered property. If you purchased the dog and you weren't married then she has to give it back. If she does not you can either 1) file a police report for theft or 2) sue her for replevin...
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1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Neighbor brandished handgun & threatened to kill our dog. Seven days later, they shot our dog.

Our dog is hyper, overly playful and everyone loves our dog. Just about 7 days ago, our dog wandered just 3 houses over. The guy came out with a handgun, directly aimed at the dog… in front of my kid and her friend - a few yards away.

My kid coaxed our dog away from them - traumatized... View More

Matthew Williams
Matthew Williams
answered on Nov 4, 2022

First, you should report the incident to the police. It's not clear where your dog was vis-a-vis this nut's property at the time he was shot. But unless the dog was attacking or about to attack a person, you can't just shoot them.

1 Answer | Asked in Animal / Dog Law, Contracts and Real Estate Law for Ohio on
Q: If I am moving into a condo with a service dog larger than the HOA allows, is it legal for them to demand proof of pet?

We do sign the HOA contract, it does allow for service pets, so if I have a mastiff (way over the allowed size) (I am in Ohio btw) and I register it as a service dog or emotional support dog, can the HOA take legal action or demand that I show legal proof of my pets training and certification

Joseph Jaap
Joseph Jaap
answered on Aug 11, 2022

The HOA can require confirmation of the status of the animal, and the HOA might be able to have the animal removed if the HOA went to court and the court determines that the size restriction is reasonable, even for a service animal.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Why am I being told I can't adopt my boyfriend dog back after the humane office took it

Sent to court and had hearing and a 600 bind was set for the care of him and again my boyfriend is the owner of this dog but he is my ESA dog

Juliet Piccone
Juliet Piccone
answered on May 15, 2022

You are being told that you cannot adopt the dog because your boyfriend still owns the dog unless he fails to pay that $600 cost of care

bond the court just set. If he fails maintain ownership during the case by missing any payments, typically he forfeits his ownership which then goes to...
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1 Answer | Asked in Family Law and Animal / Dog Law for Ohio on
Q: Can I be sued even though he left her for a month with no check ups?

In 2019 we got a dog. Then she became everyone’s since I worked. He would always say it’s his dog but no legal papers saying he has ownership. Recently he moved. And I registered her under my name and now he is threatening to sue me. And he didn’t care about her for over a month since he’s... View More

Joseph Jaap
Joseph Jaap
answered on Apr 27, 2022

A dog is considered personal property. If he sues you to get the dog, the court will determine who is the rightful owner based on all the evidence and testimony. You can use the Find a Lawyer tab to retain a local attorney if he sues you. Until then, you don't have to respond to him.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: My girlfriend cant own a pet due to legal action. I can. If we move in together can the pet be taken from me?
Matthew Williams
Matthew Williams
answered on Dec 18, 2021

Possibly. More facts are needed but it certainly a risk if she is restricted not just from owning but from cohabitating as well.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Ohio on
Q: Ohio felon owns a Husky. Released from incarceration and 3 years later from probation. For OH law what date is use?

Probation release October 2021

Prison release November 2018

Charge is child endangerment related to child abuse.

What release date is used to start the 3 year count in order to own a dog?

Matthew Williams
Matthew Williams
answered on Dec 18, 2021

You learn something new every day. The three years starts running the day of your release, if you were incarcerated. Note that the chipping requirement has no end date. You’ll have to microchip any unspayed/neutered dog over 12 weeks old, or any dangerous dog as defined in Chapter 955. Also note,... View More

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Neighbors dog keeps coming on my property pooping and tearing out our trash it has came at my wife and daughter and dog

What are my rights if this dog continues to come here and do this, we’ve called the warden already and spoke to the neighbor she refuses to tie up dog when it’s let out of her house and is requesting us to call her to clean up the mess and I am not okay with this I don’t want to do with it at... View More

Andrew Popp
Andrew Popp
answered on Sep 23, 2021

I would keep after law enforcement, or if all else fails hire a lawyer. I show the Mansfield Ordinance 505.03 (Link below) lays out criminal charges for failing to control a dangerous dog. The owner could also face civil penalties if the dog does harm someone. Hopefully it never gets to that... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for Ohio on
Q: Bit by dog at work, owner never filed report to police. Been 6 days and no vaccination records even. Should I sue?

Bite happened on the job. They didn’t think I needed to go to the hospital so I took myself the next morning for tetanus shot and got antibiotics. Work didn’t even contact the owner for 3 days to discuss attack. Been over 6 days and I have no vaccination records, no doctor bills paid and am... View More

Michael Lewis Eisner
Michael Lewis Eisner
answered on Sep 20, 2021

You pose a very interesting question. The claims against your employer would be limited to workers' compensation. You can open a claim on the Ohio BWC website. However, the owner, keeper and/or harborer of the dog has strict liability. The only defenses are teasing and tormenting the dog... View More

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: How many dogs can a single household house in the city of Westerville Ohio?

I'm curious because I would like to care for dogs in my home and wanted to know what the city deemed appropriate for one household. I figured if I knew the number it may help my application for a variance or special use permit. I personally would never house more than 5 dogs at one time. Thank you!

Andrew Popp
Andrew Popp
answered on Sep 17, 2021

There are multiple factors here that need to be considered based on the facts you provided. I suggest sitting down with a business or real estate attorney in or adjacent to Westerville. For your reference, the City Ordinances can be found at the URL below.... View More

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Hello sir. I bought a puppy in early august for 600$ everything was fine then theytext me dog was sick and i had to pay

I had to pay 450$ then as the month goes on no dog i had to pay for food was200 then it went 300 . now they wont a special crate for 800 but the lady i bought the from said she pay300 then he told he demanded his money he calling the police for abanden thdog i called the dublin ohio police they... View More

Andrew Popp
Andrew Popp
answered on Sep 17, 2021

No question is asked here. For guidance on your specific situation you will need to sit down with an attorney to review the facts in detail. There are numerous additional factors that will need to be evaluated to determine what rights you may have.

Best of luck.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: My girlfriend who l lived with 11 years moved out and took the dogs we bought together. can i get shared custody?

She bought a house and came into my house when I was not there and took the dogs and now will not let me see them.

Juliet Piccone
Juliet Piccone
answered on Aug 11, 2021

I’m not sure if your situation falls under common law marriage (or if Ohio recognizes such) so I’d suggest you figure that out first. You may need to file for divorce and division of debt/property.

If you are not considered common law married you need to file a replevin action against...
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1 Answer | Asked in Animal / Dog Law for Ohio on
Q: We found a stray dog that we have been taking care of for a week. The local shelters would not take him.

We went to the house where we suspected the dog lived twice. We were informed by the woman in the house that the dog belongs to her brother who is homeless and on drugs. She told my boyfriend to keep the dog because she couldn't take it. We have had the dog for 1 week, and the alleged owner is... View More

Andrew Popp
Andrew Popp
answered on Aug 9, 2021

If it's his dog and wants it back, you have no right to refuse him. Dogs are treated like personal property under the law with few exceptions. If the dog is running lose, you can contact animal control if you're concerned. Otherwise, if he agrees to give you ownership you can take the... View More

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