Animal / Dog Law Questions & Answers

Q: What recourse do I have if the Animal Shelter lost my dog?

1 Answer | Asked in Animal / Dog Law for California on
Answered on Feb 20, 2017

Did you abandon your dog? Why was the shelter holding your dog? Typically shelter's are not providing you a private service but rather provide a public service. As such they have limited liability re: escaped dogs. Did you temporarily lose your dog, which was then taken to the shelter? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,...
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Q: A homeless woman recently signed over ownership of her dog to me then later stole him, how do I get him back?

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Answered on Feb 20, 2017

You may consider suing for conversion of personal property; but frankly with a homeless person who wants to flout the law, an injunction may be hard to enforce. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following...
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Q: I have lived in my rental apartment for 10 years. During that time, I have frequently babysat two different friends' dog

1 Answer | Asked in Real Estate Law, Animal / Dog Law and Landlord - Tenant for New York on
Answered on Feb 20, 2017

What does your lease say about pets? If the lease is silent about that, your landlord may be able to institute such a policy for people who don't own pets already, which sounds like you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,...
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Q: Home owners assotiations and fines! Fined for dog getting lose and my 14yr old driving to dump the trash with an adult.

1 Answer | Asked in Animal / Dog Law, Personal Injury and Real Estate Law for Missouri on
Answered on Feb 19, 2017

Ask under what section they are fining you as you don't see it in your agreement. If that doesn't resolve it take it to a lawyer who handles HOA disputes.
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Q: Our father is abusing one of our dogs. Can we take them from the house without legal recourse?

1 Answer | Asked in Animal / Dog Law for California on
Answered on Feb 18, 2017

You can contact the police re: animal abuse. Theft is not a permissible measure. You can inform animal control that you'd like to adopt the dogs if they take them away from your dad. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC...
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Q: If I put a deposit on a puppy and was given second pick. Is the owner of the puppies allowed to change that order?

1 Answer | Asked in Animal / Dog Law for California on
Answered on Feb 18, 2017

This sounds like breach of contract, and you may be able to sue for that in small claims court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: What constitutes abandonment in California?

1 Answer | Asked in Animal / Dog Law for California on
Answered on Feb 17, 2017

If you know who the dog belongs to, then you should return it. You should provide it to animal control along with your phone number. If the dog is not picked up by the owner within a certain time period, then they typically will consider giving the dog to the person who found it and turned it in, upon request. It sounds like the dog may be lost. It's hard to say whether it's been abandoned, based on these facts. More details are necessary to provide a professional analysis of your issue. The...
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Q: Hello, my friend's pitbull was almost attacked by another dog and a lady smacked him for no reason and we want justice!

1 Answer | Asked in Animal / Dog Law for California on
Answered on Feb 17, 2017

You can report this to the police as animal cruelty. If your dog was injured, you can sue for conversion of personal property for the actual damages incurred. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas...
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Q: if someone takes a puppies from your bedroom or house without permission should I file a stolen animal report.

1 Answer | Asked in Animal / Dog Law for California on
Answered on Feb 17, 2017

You can report this as theft, and you can sue her for conversion of personal property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
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Q: My friend went to jail. His dog was taken by animal welfare. The owner had the SPCA contact me to care for his dog

1 Answer | Asked in Animal / Dog Law for District of Columbia on
Answered on Feb 17, 2017

Why would you want to keep someone else's dog from them? The dog may be legally considered abandoned, but it depends on the facts. I hear nothing about any dog-sitting contractual obligations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY,...
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Q: I moved into a L.A rent control property with my dog. after approx. 7 months i finally get copy

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for California on
Answered on Feb 17, 2017

The new landlord would have to uphold the lease terms of prior tenants. Is there any new restriction being issued by the landlord re: pets? It sounds like your concerns have no basis, thus far. What's the problem? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I...
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Q: If my dog had been stolen and then microchiped and licensed by the dog nappers and then I regained possession of my

1 Answer | Asked in Animal / Dog Law for California on
Answered on Feb 16, 2017

If you are charged, you can bring evidence that your dog was stolen. You may report this matter to the police and also sue the thieves for conversion of personal property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: My landlord thinks I have a dog (I do not) and says she will do periodic checks on my unit. Is this legal?

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for California on
Answered on Feb 16, 2017

This may indeed be a violation of your rights as a tenant, especially where the visits are without any basis, frequent, and/or without advance written notice. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas...
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Q: Is rent charged if a dog is left behind by a former tenant, prior to the new tenant moving in to care for it?

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for California on
Answered on Feb 16, 2017

Are you the landlord? Was there an eviction? You may need to provide a writ of possession to rid the unit of the dog. If the dog was left behind after its owner moved out of the unit, that may be considered abandonment. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website....
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Q: Former landlords/roommates kicked me out, threw out all my belongings, kept or gave away my cats. HELP PLEASE!

1 Answer | Asked in Animal / Dog Law, Landlord - Tenant and Small Claims for California on
Answered on Feb 16, 2017

This sounds like a violation of eviction law. A writ of possession is also required before throwing out your property. You may be able to sue for such wrongs.

See: http://www.courts.ca.gov/selfhelp-eviction.htm

See: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,...
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Q: shooting guns close to someone's house or keeping thirty to forty hunting dogs that bark 24/7

1 Answer | Asked in Criminal Law, Personal Injury, Animal / Dog Law and Public Benefits for Mississippi on
Answered on Feb 16, 2017

Depends where you are. It is illegal in most states to discharge firearms in a city unless at a licensed range. Outside the city it depends on borough or township ordanance. And dogs, like any potential nuissance, aren't if you knew and moved in.

Don't like a stinky neighbor? Don't move next to a chicken barn. Talk to your township about it.
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Q: Verbally stated to an ex partner that I am gifting a dog to them, I am still the registered owner with bills. Custody?

1 Answer | Asked in Animal / Dog Law for California on
Answered on Feb 16, 2017

There are no "custody" rights to a pet, as they're legally considered personal property. If you never gave up possession of the dog, then you arguably never gave up ownership. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: If Im pet sitting for my sister who travels for work, do I legally need all paperwork for dog? I live in Ontario Calif.

1 Answer | Asked in Animal / Dog Law for California on
Answered on Feb 16, 2017

It's a good idea to have such documents when you're pet-sitting to prevent just such problems. That way, you'll have the records when asked for them. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: If under circumstances where I thought it best to rehome my dog and did rehome her- can I get her back within days

1 Answer | Asked in Animal / Dog Law for California on
Answered on Feb 16, 2017

Once you gifted the dog, you gave up ownership to the new owner, regardless of how much you've paid for the dog in the past. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: i am a pet sitter and i am being sued for the owner because her dog run away from my house, what can i do?

1 Answer | Asked in Animal / Dog Law for California on
Answered on Feb 16, 2017

Their request amount sounds too high. You may be liable under negligence theory if not under contract theory. You can challenge the value of loss with evidence, including documentation you find from reputable sources and information they told you about the dog's purchase. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media...
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