Baltimore, MD asked in Animal / Dog Law for Massachusetts

Q: If someone's been watching my dog while I look for a new place, old one sold. Can they try and keep my dog

Long story short my apt building sold and with pandemic now and everything it's been hard finding a place. One that expects pets and I can afford. But now the person who has been watching my dog is trying to steal them from me because they have grown attached and wanted their own dog now. Can they just take my dog?

Related Topics:
1 Lawyer Answer
Kim Carnevale
Kim Carnevale
Answered
  • Animal & Dog Law Lawyer
  • Salem, MA
  • Licensed in Massachusetts

A: You should ask for your dog back and find someone else if you still do not have a place. If this person refuses, you should not wait to take legal action. Dogs and other companion animals are still considered property in Massachusetts, so the person will have to return your dog to you unless the court finds that you have abandonned or abused the dog. Whether a court would order this person to return your dog depends upon your agreement. The more you can show that your agreement was for this person to care for your dog ONLY while you found a place, that the pandemic prolonged your ability to take the dog back, that you had regular contact with this person and your dog, and any monies or care that you provided during this time, the more likely you are to have the court order the dog be returned to you.

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.