Q: Pit bull bit friend who knew about him and ignored the "beware the dog" sign. She is suing my landlord. Can i keep him?
I've had my pit bull for over 3 years for security reasons as my house would always get broken into. The landlord knew I had him the entire time and never said I had to get rid of him until my friend decided to sue him because she got bit. I have 2 "Beware of the Dog" signs and she ignored it and walked into my yard and now the owner is giving me 3 days to get rid of him. Is there any way I can keep my dog since it was her fault that she got bitten. And also because the landlord knew about the dog but never enforced the "no dog" rule in the lease?
A: You are liable for the dog bite. It is not your friend's fault. "Beware of Dog" signs don't do anything to change the owner's strict liability for dog bites. As far as your landlord, he can try to evict you for breach of lease. You could try to defend by claiming that his conduct has modified the terms of the written lease. You probably won't be successful, because the lease probably has specific language about the manner in which it can be amended and the conduct you describe probably doesn't comply. However, I am not a landlord tenant attorney, so that is just a guess.
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