San Bernardino, CA asked in Animal / Dog Law, Landlord - Tenant and Wrongful Death for California

Q: Can I hold my landlord responsible for the death of my dog for his negligence to fix the fence?

I've lived at this home for over 4 months and apparently the old tenant took the fence for some reason. I've asked the landlord plenty of times to fix the fence since I have two dogs (one is my service dog) and he is also charging me extra to have them on the property. Fence gate was taken after lease was signed by previous tenant. Dog got out because the fence is incomplete

2 Lawyer Answers

A: What does the lease say about the fence? How did your dog die? 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, www.AEesq.com. 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.

A: It's up to you to keep your dog under control--either tethered or fenced if outside. It isn't a landlord's duty to provide a fence, though if it was there when you moved in you can make the argument that you thought it was fenced and that's what you paid for. You can talk to a lawyer about breaking the lease if you want, and the precise steps you need to take.

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