Sewickley, PA asked in Animal / Dog Law, Appeals / Appellate Law and Landlord - Tenant for Pennsylvania

Q: Can you appeal a descion from landlord to get rid of dog?

So a few days ago we tied our dog outside and went in to get the watering can. Within that time(30 secs) our neighbor was outside with our dog saying he got loose and ran up to someone. No one was around to ask what happened(victim or otherwise) 30 mins later cops our at our dog for a report on a "pitbull attack". Our dog is not a pitbull. Today we got a letter on to get rid of the dog in 30 days or face eviction over an agressive breed not allowed in park and bite of a tenant. We have an eye witness stating that he saw the dog bark and trying to be playful and ran to the person and knocked her down then immediately run to our neighbor that brought him to our door. The dog was tied out and far enough away from.the street, he apparently pulled the tie out of the ground. He has never been agressive to anyonet he police report says they always had a problem with him and multiple people tried pulling him off the girl when the witness states otherwise and in over year we never had complaint

1 Lawyer Answer

A: Check your lease. You haven't said what breed of dog he is. If he is strong enough to pull a stake out of the ground then chances are no court will side with you.

Second, he knocked someone down. That's aggression. You may think it's cute. The fact you wrote the above says no one else did.

Not trying to down you but you have to get a bit more perspective--a dog is not presumed innocent, especially one that is of sufficient size and strength to knock someone down. You leave them unattended, they should be on a chain securely --meaning as in bolted--to a fixed object, and not so long a chain as will allow the dog to approach anyone outside of the property.

The landlord is saying dog is out or I evict you. There isn't a charge to be reversed. You can suggest the dog is not in violation of the lease, which means you need to read the lease. But if you didn't have the dog under control at all times, chances are you will have violated the lease.

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