Brooklyn, NY asked in Animal / Dog Law for New York

Q: how long before i can legally claim a dog as mine if i was just suppose to be taking care of it for someone else

someone put a ad on craigslist due to losing her job she cant take care of the dog so i offered to care for it but now its been 2 months and she wont respond to anything when i ask her when is she coming to get the dog am i able to just keep the dog as my own now

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Benjamin Z. Katz
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Answered
  • Animal & Dog Law Lawyer
  • New York, NY
  • Licensed in New York

A: Unfortunately, it is not simply a question of how long before you can claim ownership.

Since you agreed to care for her dog, you are considered a bailee under New York law similar to how an attended parking garage takes responsibility for a car. If you have a written agreement with a definite timeframe it is easier to claim abandonment of the dog. However, I suspect your agreement was for an indefinite period.

There is a legal procedure under Agriculture and Markets Law section 331 and 332. That is the proper way to terminate her rights and establish yours. It will require proper notice and placement with an animal shelter or humane society for at least 5 days. If you do it any other way she may be able to come back later and bring a lawsuit against you.

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