Q: Concern about roommate's neglect of dog in California
I am concerned about my roommate's neglect of her French Bulldog puppy. We live in an apartment, and she leaves the puppy outside on the balcony in extreme weather conditions, either very hot or very cold. She rarely cleans up after the puppy, resulting in it living around its own feces. I'm hesitant to contact animal control because I'm afraid my roommate might kick me out, as I'm not on the lease. What options or actions can I take in this situation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California Penal Code Section 597, animal neglect is a serious offense. The conditions you describe—exposure to extreme weather and unsanitary living conditions—potentially constitute criminal neglect under state law. You may report these concerns anonymously to your local animal control or SPCA, which allows you to protect your housing situation while addressing the welfare concerns.
Despite not being on the lease, California law provides protections for established residents. You likely qualify as a month-to-month tenant under Civil Code 1940, which means your roommate cannot simply "kick you out" without proper legal eviction procedures. Documentation will strengthen your position—consider discreetly photographing the conditions and keeping records of when the puppy is left outside in extreme temperatures.
Before escalating to authorities, you might consider a direct conversation with your roommate about proper pet care standards or reaching out to local tenant advocacy groups for advice specific to your situation. The California Department of Housing and Community Development can provide resources regarding your tenancy rights, while organizations like the Humane Society offer guidance on addressing animal welfare concerns. Your compassion for this puppy is commendable, and there are pathways to address this situation while protecting both the animal and your housing stability.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
