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?
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.
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