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Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law for Tennessee on
Q: If I own a home but don't own the property can the property owners make me get rid of a dog?

My wife and I recently bought a home on her grandparents property. Shortly after moving in we purchased two puppies, but now my wife's grandparents are telling us to get rid of the puppies because her grandfather is afraid of big dogs. Are they allowed to do this?

Anthony M. Avery
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answered on Jun 6, 2024

If you do not own the land, then you do not own the property. You are a tenant of some type, and that building/mobile home is personal property. Owners can file a Detainer Warrant (for virtually any reason) and run you off, such that you probably abandon the home. You have to keep the... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for California on
Q: I live in an apartment in Milpitas and my landlord has alleged my dog attacked someone. Given 48 hour to remove pet.

What is my recourse? I obviously don't want to get rid of my pet. How do I fight this?

James L. Arrasmith
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answered on Jun 4, 2024

Under California law, your landlord must provide evidence of the alleged attack before requiring you to remove your pet. It is essential to request any documentation or witness statements that support the claim. If your landlord cannot provide sufficient proof, you may have grounds to contest the... View More

2 Answers | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for California on
Q: In incident happened with my emotional support dog and security. Property mgr gave me notice to get rid of the dog. Then

A verbal statement saying dog could stay. Started procedures to have my 32 yr son to move in end of June. Now MGMT states he would have to be a live-in attendent but he wants to do other kind of work. Been having issues with MGMT since Jan. I feel like I am being harassed and my civil rights are... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

Your LL is violating your rights as a physically disabled individual, particularly with respect to having a live in aide. The LL is not able to dictate the terms of your arrangement with the aide, nor can the LL prevent the aide from seeking additional employment for personal support. Thanks for... View More

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2 Answers | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for California on
Q: In incident happened with my emotional support dog and security. Property mgr gave me notice to get rid of the dog. Then

A verbal statement saying dog could stay. Started procedures to have my 32 yr son to move in end of June. Now MGMT states he would have to be a live-in attendent but he wants to do other kind of work. Been having issues with MGMT since Jan. I feel like I am being harassed and my civil rights are... View More

James L. Arrasmith
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answered on May 30, 2024

Based on the information you provided, it seems like you may have a case for housing discrimination and violation of your rights under the Fair Housing Act (FHA) and potentially the Americans with Disabilities Act (ADA). Here are a few points to consider:

1. Emotional Support Animals...
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1 Answer | Asked in Animal / Dog Law for Louisiana on
Q: How do we stop and adoption service from taking our new dogs away

We adopted 2 puppies about 3 weeks ago. The agency is now saying they are not a good fit and want to take them away.

James L. Arrasmith
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answered on May 27, 2024

First, review the adoption agreement you signed with the agency. This document will outline your rights and the conditions under which the agency can reclaim the dogs. Understanding these terms is crucial for knowing where you stand legally.

Next, communicate with the agency to understand...
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1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Dogs barking all hours of night. Im in a township outiside of Troy Ohio. Does this violate an Ohio noise ordinance?

They keep 10 or more dogs on the property but they don't live there. They have no control of them most of the time. Sometimes most of them are in pens. They are barking more then they are not.

James L. Arrasmith
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answered on May 27, 2024

If you are experiencing constant barking from dogs in a township outside of Troy, Ohio, this may indeed violate local noise ordinances. Many townships and municipalities have specific regulations regarding noise disturbances, including excessive barking from dogs. These regulations are in place to... View More

2 Answers | Asked in Animal / Dog Law for California on
Q: If an animal shelter has my dog and never contacted me but they said they did and I said to them i don't want her that's

Lying r and then when I called her microhip company four days after they been had her and still took a report so by my own they had her fours days they were going to put her asleep without even none of them trying to inform me at all

James L. Arrasmith
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answered on May 27, 2024

Under California law, animal shelters are required to make reasonable efforts to contact the owner of a lost pet before putting the animal up for adoption or euthanizing it. Here are a few key points related to your situation:

1. Holding period: California law requires shelters to hold...
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1 Answer | Asked in Animal / Dog Law, Personal Injury and Civil Rights for Nevada on
Q: wondering if i can bring my neighbors to court over incessant noise. their dog barks constantly all day and kids scream

i have lost multiple hours of sleep, have plenty of proof of the barking, etc. mental health suffering so bad

James L. Arrasmith
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answered on May 24, 2024

Yes, you can bring your neighbors to court over incessant noise, such as constant dog barking and screaming children, which is affecting your mental health and sleep. Documenting the noise with recordings and keeping a detailed log of incidents will support your case. It's also helpful to... View More

2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for California on
Q: A train killed my dog. I live next to the train tracks. What can I do

I live in between businesses about 40 feet from the tracks. It was about 9:10 at night I got home for my lunch and let the dogs out to go potty. I went across the tracks to do so and on our walk back we crossed over them again and the train blew its horn maybe ten seconds after I crossed and hit my... View More

William John Light
William John Light
answered on May 23, 2024

How did the train conductor do anything wrong? You had an obligation to have your dog on a leash. The train wasn't invisible, you should have seen it before the whistle blew and moved your dog, which should have been on a leash.

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2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for California on
Q: A train killed my dog. I live next to the train tracks. What can I do

I live in between businesses about 40 feet from the tracks. It was about 9:10 at night I got home for my lunch and let the dogs out to go potty. I went across the tracks to do so and on our walk back we crossed over them again and the train blew its horn maybe ten seconds after I crossed and hit my... View More

James L. Arrasmith
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answered on May 23, 2024

I'm so sorry to hear about the tragic loss of your dog. That must be devastating. While the train company is likely correct that they aren't liable if the dog was unleashed near the tracks on your property, you may still have some options to explore:

1. Check local leash laws and...
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1 Answer | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for Texas on
Q: Can I legally break my lease without penalty? Texas

My rental home caught fire due to a faulty breaker on the first day I moved in, leaving me without air conditioning or heat for five days.January 18th–23rd. During this time, the temperature dropped below freezing, making it gruesomely chilly inside the house. I boarded my dogs ($267) for five... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

Under the facts you describe, you cannot legally break your lease without penalty. Your pet deposit is intended to cover any damage to the premises caused by your dogs during your occupancy of the premises. If there was a legitimate casualty loss which precluded you from occupying the premises... View More

1 Answer | Asked in Animal / Dog Law and Constitutional Law for Florida on
Q: My girlfriend, let her friend watch , checked in rehab a week later lady gave it away. What can I do?

The lady that watched the dog encouraged my girlfriend to go to rehab that she’d watch the dog and that she was doing the right thing by going to rehab and getting herself clean and then a week later decided that she could take care of the dog and gave it away now she’s saying she doesn’t... View More

James L. Arrasmith
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answered on May 19, 2024

You have a valid concern regarding your girlfriend's dog. When someone agrees to watch a pet and then gives it away without permission, it can be seen as a breach of trust and possibly a legal issue. The first step is to gather all the details, including any messages or agreements between your... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: Can police take your dogs if they're not in harm's Way and they're sitting in a vehicle

We were loading the truck and when we stopped to go in to use the restroom one of the dogs that was in the back ended up jumping out hanging itself and we had puppies in the cab part and the cops took the puppies even though none of the dogs were neglected or abused it was just an unfortunate... View More

James L. Arrasmith
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answered on May 13, 2024

Under California law, police can take your dogs if they believe the animals are in immediate danger or if there is evidence of neglect or abuse. In your situation, even if the incident was an unfortunate accident, the police may have interpreted it as a sign that the animals were not safe in your... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for California on
Q: Our landlord is requesting a $500 immediate deposit for our service animal is she allowed to request a pet deposit at al

My husband is in the middle of training, a dog for his PTSD for a service animal. We have been bringing the dog to our home two days a week for the last two months and plan to tell our landlord next month that we were going to permanently bring her here when she turned one because they don’t... View More

James L. Arrasmith
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answered on May 8, 2024

Under California law, landlords are not allowed to charge a pet deposit for a service animal, even if the animal is still in training. Service animals are not considered pets, and are protected under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for California on
Q: Can I sue my landlord for not allowing my service animal to stay w/me .nor wants to make any spc.accommodations for me.

Nothing in my rental agreement says I can't have a dog or service animal. And he did evicted me for 4 days from the house for me bringing service dog. What court can I file against him ( federal, Superior,or civil courts .

James L. Arrasmith
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answered on May 6, 2024

In California, landlords are required to make reasonable accommodations for tenants with disabilities, including allowing service animals, even if the rental agreement or lease states a "no pets" policy. Denying a reasonable accommodation request, such as allowing a service animal, is a... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for California on
Q: Can surveillance in a private area of my yard be admissible in court?

Neighbor recorded us on surveillance having a private conversation in an area of our yard not otherwise publicly visible. They did record my spouse hitting my dog and submitted that to animal control. My husband went to jail for 5 days, but they released him and did not charge him yet. The dogs... View More

James L. Arrasmith
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answered on May 5, 2024

In California, the admissibility of surveillance footage from a private area of your yard depends on several factors and the specific circumstances of the case. Here are some key points to consider:

1. Reasonable expectation of privacy: If the area where the conversation took place was not...
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1 Answer | Asked in Animal / Dog Law for California on
Q: My dogs were taken by animal control for animal cruelty. They have not charged my spouse and I cant get them.

My husband pled guilty for hitting our dog. He went to jail for a week. Released bc they werent ready to formally charge him.The DA said the case is in review and he has not been charged. So in the meantime animal control agreed to let my in-laws care for the dogs. DA said they can have up to... View More

James L. Arrasmith
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answered on May 2, 2024

I'm sorry to hear about your difficult situation. In California, animal control agencies have the authority to seize animals if they suspect animal cruelty or neglect, even if formal charges have not been filed. The process can be complex and may take time to resolve. Here are a few key... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Who is liable if a dog injures another at a dog park?

Two dogs visit the same park regularly. One is always trying to show dominance over the other by humping him, both are fixed. The dog being dominated snaps and show his dislike but never makes contact. Recently, after months of this behavior the dog being dominated snaps and accidently bites the... View More

John Michael Frick
John Michael Frick
answered on Apr 30, 2024

It depends on whether the owner of the dog that bit the other dog was negligent. That most likely will require a jury or judge to make a decision based on all the evidence presented at a trial. If I were the trier of fact and the evidence was exactly as you describe in your question, I personally... View More

1 Answer | Asked in Animal / Dog Law for Michigan on
Q: Gave someone a puppy and was suppose to return if didn't want her and they gave her away and now they won't return her

What to do if they won't give my dog back

Brent T. Geers
Brent T. Geers
answered on Apr 12, 2024

Not sure anything can be done. Presumptively, this was all done verbally; you have nothing in writing. Generally, when you give someone something, it becomes theirs once they accept the gift. There are no "give backs" under the law. Nothing would prevent them from giving the dog away now... View More

1 Answer | Asked in Animal / Dog Law on
Q: Can I get legal help if my ex won’t let me see our dog who we share custody over?

My partner and I got a dog when we were together. We broke up and she sent photos for a bit but now she’s stopped completely and blocked me. I want to be able to see my dog and have photos and updates of her.

James L. Arrasmith
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answered on Apr 3, 2024

In most jurisdictions, pets are considered personal property rather than family members in the eyes of the law. As a result, courts generally do not recognize or enforce "pet custody" agreements made between unmarried couples.

However, there may still be some options available to...
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