Q: Is rent charged if a dog is left behind by a former tenant, prior to the new tenant moving in to care for it?
Former tenant moved out and could not keep dog. Future tenant was supposed to care for dog at his current residence until he moved in. We've heard two stories. The first response was that the dog would live with him for two weeks, the former tenant saying the same thing, and now, the new tenant saying the dog is staying where it is. No clarification on if he would be feeding it, either. My husband and I feel that since we were told by both tenants that it would not be in the unit prior to the new tenant moving in, we should be able to charge rent for the entire month of August. She moved out on the 20th, and I originally said rent would be prorated because we were told that the dog would be cared for at another residence. Does California have a law that this falls under? It's not technically an abandoned pet, but neither person has given us a straight answer. I will be contacting the former tenant to let her know of the situation, but want to know what our rights are first.
A: Are you the landlord? Was there an eviction? You may need to provide a writ of possession to rid the unit of the dog. If the dog was left behind after its owner moved out of the unit, that may be considered abandonment. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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