Citrus Heights, CA asked in Animal / Dog Law and Landlord - Tenant for California

Q: Ca tenet got dog against lease says it’s emotional support dog for adult son Rottweiler/pit bull? Can I insist dog go?

My home owner’s insurance won’t cover this animal. Worried laws with emotional support animals will force me to work with him. He has a letter from a therapist confirming the emotional support

1 Lawyer Answer
William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: To begin with, Homeowner's insurance doesn't cover landlord liabilities at all, so not covering liability arising out of a tenant's Rottweiler/pit bull is just one claim of many for which you will not be covered. You will need Landlord Insurance. Confirm with your Insurance Agent.

Your liability as a landlord for a tenant's dog is limited to actual knowledge of that specific dog's dangerous propensities based upon prior conduct, not just knowledge that the dog is from a scary breed.

Also, you cannot exclude an emotional support animal because the dog is from a scary breed. You can exclude the animal if that specific animal has exhibited dangerous characteristics like snarling, biting, lunging, charging, etc., towards other people or animals.

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