Asked in Animal / Dog Law and Landlord - Tenant for Oregon

Q: My son's prescribed dog bit someone and now I have an eviction notice. Can they evict me for a first time offence?

My son's prescribed therapy dog pushed past him at the front door to say hi to an 11 year old boy who tried to hit her(dog) with a stick so she bit him. First offence ever with the dog. Can the landlord evict us or demand we get rid of a prescribed therapy dog over a first offence?

1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Assuming the landlord follows the correct technical procedures (serves a legally compliant 24 hour notice (or longer) and serves it properly, absolutely they can terminate your tenancy and evict if/when (in reality, no one actually gets out within 24 hours) you fail to vacate. As long as you are out by the time of the first court appearance, and you show up at the appearance, the case should be dismissed so you won't have an eviction on your rental record. While your current or future landlord cannot legally prevent you from having a service animal or emotional support animal, they can ban that particular dog now that it has a bite on its record. The victim's parents can also sue if they wish and if a complaint is made to your local animal control agency, you and the dog could face additional restrictions and/or penalties, though you may have defenses depending upon the exact set of facts.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.