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Massachusetts Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Massachusetts on
Q: My lease reads no dogs. My tenant told me after the lease was signed on September-1-2023 she has a ESA dog for emotional

and stress. Can I do anything about this now. The tenant told me I could not. She Lied on the lease.

John Michael Frick
John Michael Frick
answered on Sep 14, 2023

It is illegal under federal law to discriminate in providing housing to any disabled person because they have an emotional support animal. You can request appropriate medical documentation from the disabled tenant confirming that they are actually disabled and that they require the services of an... View More

1 Answer | Asked in Animal / Dog Law and Divorce for Massachusetts on
Q: How do I get my dog claimed as mine legally before divorce? (In Mass/pets are property, dog regist’d in my name now)

Want to leave the household before divorce which will take 6 months but afraid husband will come after me physically

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 2, 2023

You sound like you may need an abuse protection order if your safety is threatened by your partner. In a divorce you can motion the Probate and Family Court to have the dog reciting your history of caring for the pet.

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: How long is it until an animal is considered abandoned in Massachusetts?

I currently have a restraining order against my ex partner he left his snake here it has been 2 weeks and I have fed the snake and taken care of the snake for this period of time and informed him he needed to come pick him up and have heard nothing how long legally is it until the animal is... View More

Lissa McKinney
Lissa McKinney
answered on Nov 26, 2022

You have a restraining order. There's going to be a lot more flexibility before the pet is considered abandoned. He cannot communicate with you in any way, shape or form without violating the restraining order, nor can he come to the house unattended. There is no bright line rule on the number... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: My rights with animal control massachusetts

A friend was watching my dog while I was at work and walked into the store and tied him up outside and left accidentally without the dog returned a couple of hours later dog being held at store until animal control arrives owner went to store with updated license and vaccinations

Kim Carnevale
Kim Carnevale
answered on Mar 5, 2021

Animal control should release the dog to you once you provide proof of ownership - dog license, photos, whatever you have - provided the officer believes that someone else, not you, left you dog tied for hours and that you did not neglect or abuse your dog. You should be aware that animal control... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
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... View More

Kim Carnevale
Kim Carnevale
answered on Mar 5, 2021

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... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Hello, I purchased a 8 week old french bull dog and just found out it has CHF and will die within the year.

Purchase dog in MASS dog from NY. seller owns dog training business which is place of purchase. They will refund money if I give the dog back. obviously we are attached to the dog and want to keep her. we have experienced much pain and suffering and I have big medical bills. they said unaware of... View More

Joanne Belasco
Joanne Belasco
answered on Feb 2, 2021

I am so sorry to hear about your dog. The first place to look would be the contract to see what options are listed there. There might be a 93A Consumer Protection case but you would need to consult with an attorney on the specific facts to see if that avenue is open to you.

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Massachusetts on
Q: Hello I want to go to court to get custody of my dogs and so I can you please advice me on what I should do? Thank you

Hello,

I have a question about two of my dogs. I was with someone for 6 years and after a year in a relationship. He gifted me a dog. I also ended up buying my other dogs. In that relationship every time I tried to leave he would threatened to take both dogs. It took me a while before I... View More

Brian Waller
Brian Waller
answered on Dec 23, 2020

Even though dogs are part of the family, this actually isn't a family law issue, it is a property issue. In divorces, pets are handled in the same way as property and divided between the parties in some way. Sometimes there is an every-other-week arrangement like you agreed to previously. When... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Purchase puppy from breeder in GA I live in MA dog sick 24 hours after $7,800 vet bill to save what could I do

No contract I have all text messages which we did the deal he has a website which he has all his terms and conditions that gives a cash refund if the dog is found to be sick 72 hours by a legal veterinarian he did tell me that his littermate tested positive the night before I was going to pick her... View More

Joanne Belasco
Joanne Belasco
answered on Nov 4, 2020

First, I am so sorry that your new puppy was sick! As to your course of action, it depends. You are above the amount for small claims court but it can be hard to get an attorney to take a case to trial if the sum isn't a lot higher. You may be able to do a demand letter for a settlement... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: I recently purchased a dog from someone who split with their ex & dog was left behind. Ex wants dog back. My options?

Person I bought the dog from said her ex didn't tell her he was coming back for dog. He now wants dog back after he found out she was sold.

Joanne Belasco
Joanne Belasco
answered on Jul 27, 2020

While I can't speak to your specific situation unless you are a client, I can say that animals are considered property in Massachusetts. That means someone has to show ownership, whether it's by a title or some other means, in order to own a dog. For example, if it's a car, there is... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Basically if I lost someone’s dog and we weren’t able to find it could I be sued?
Joanne Belasco
Joanne Belasco
answered on Jul 2, 2020

A situation like that really depends on the details. Dogs are considered property in Massachusetts, so it's similar, as awful as this sounds, to losing someone's property. Anyone can sue, so it comes down to whether you would be found responsible for the loss. And, as I said, that really... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: What should I do? I think I may be sued. Her dog is worth 1600 but she didn’t have a chip

Ok so I have this friend whom I’ve known for a while were not best friends but I’ve always been able to lend a helping hand, she asked me if I could watch her dog around late November, she didn’t have anywhere to put him at the time. Due to financial reasons, and living on college campus. I... View More

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 2, 2020

I'm not sure exactly what you're asking, but if you have been charged with a crime, you should speak to a criminal defense attorney.

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: If somebody gives me a dog as a gift how do I get it registered under my name

Someone gave them the dogs and then they gave me the dog how would I get the dog into my Name

Joanne Belasco
Joanne Belasco
answered on Jun 29, 2020

I can't answer your situation specifically because you aren't my client. Generally speaking, there are various ways to prove dog ownership, such as being the owner on a microchip ID, being listed as an owner at the vet, registering the dog with the city or town to get a dog license, and... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: My sister was given a dog to foster in 2016, the owners later gave the dog to us. My sister moved out.

- my sister moved out and left the dog to me. I then moved out due to family problems. And they dog is still there. I come by regularly and see the dog. I want to take her back from my Grandmother and I feel like there might be some issues. What could I possibly do about this situation? The place... View More

Joanne Belasco
Joanne Belasco
answered on Jun 29, 2020

I can't give you legal advice on your exact situation because you aren't my client. Generally speaking, a dog is considered property in Massachusetts. That means someone has to show they own the dog in order to take that dog away from someone else. In dog cases, it's usually easier... View More

1 Answer | Asked in Personal Injury, Animal / Dog Law and Landlord - Tenant for Massachusetts on
Q: My Landlord gave 2 of my puppies away, that I intended to keep. officer told him to get them back, he has not done so.

This morning he assaulted me and bit me the officers I've called have seen it yet they will not Do anything what can I do.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 21, 2020

Have you received medical treatment for same? Are there any scars? You may have a harassment claim against the landlord and if there have been three harassing incidents by this person you can obtain an order from the district court for your locality, but there are special rules under the COVID... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Will a surrender agreement hold up in a Massachusetts court?

My ex-husband surrendered his dog to our daughter Dec. 2018. She surrendered the dog to me January 2019. He now wants the dog back. Does he have any legal rights to the dog.

Brian Waller
Brian Waller
answered on Apr 7, 2020

The courts view pets as property, therefore this isn't really a family law issue even though all the parties are (or were) family members. He could file a claim in small claims court or if he has documentation that the dog belongs to him (registration, etc.) he might be able to bring a... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: I adopted a puppy from a rescue back in January 2019. My father got very ill In Jan of this year 2020 and I sought out a

** continued caregiver to take care of her while I traveled to take care of my father for 4 weeks. I had supplied a large bag of food a blanket of mine some toys etc. It has now been almost two months and I am being ignored by the woman whom was watching her. She claims she is in love with her now... View More

Joanne Belasco
Joanne Belasco
answered on Mar 6, 2020

I can't speak to your specific case because we don't have an attorney-client relationship. However, dogs are considered property under Massachusetts law. Certain things like microchips and documents may be able to prove that a dog belongs to someone. The police sometimes help in a... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: A friend of mine stole my service dog what can I do to get him back?

I live in Auburn Massachusetts if that helps in any way

Joanne Belasco
Joanne Belasco
answered on Jan 19, 2020

I can't speak to your specific issue unless you are a client. Generally speaking, under Massachusetts law, a dog is considered property. Several options exist when someone takes property. One option is to file a police report. If the police will not handle the matter, then you may need to... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: If someone sells their dog to someone who is taking great care of him can the seller legally take the dog back?

During the 2.5 months that I have had this dog I have taken him to the vet to be brought up to date on his vaccinations and to be be neutered. He had never been to the vet with the person who sold him.

Joanne Belasco
Joanne Belasco
answered on Jan 17, 2020

Under Massachusetts law, a dog is considered property. So, as awful as it sounds, think of the sale as you would the sale of something like a car or a boat. Generally speaking, a seller cannot take back property once it is sold. I say generally because each case turns on the facts. If there was... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Ex wants almost $13000 or says he will take the dogs and possibly sell them. Registered to me paid for and AKC to him

We lived together for two years in my home. During that time he did work around the house such as adding a fence and adding to a heating system. He also paid for several trips. He lives somewhere where he cannot have pets. Says dogs can stay with me as long as I sign an agreement to pay him half... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2019

Were you married? If not, then his payment for trips and home improvements on your home may be considered gifts, unless there were explicit loan agreements between you regarding these expenditures. As for the ownership of the dogs, were they gifts to you? Why are they registered in your name? More... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Can we try to get reimbursed for tests and cremation of my dog that just passed because of misdiagnosis and negligence

My dog was throwing up and stopped eating last month brought buster to the vet he said buster was fine he will eat when he’s hungry , gave him a pill to settle stomach sent us home .... no tests no blood work no nothing . Last Thursday my dog threw up 6 times and ear swollen again brought him to... View More

Jeremy Cohen
Jeremy Cohen
answered on Feb 5, 2018

Hello,

Instances like this typically involve obtaining all of the records from the involved vet, sending them out to one of our experts to determine if there is a potential valid claim, and if so, sending a demand letter to the involved vet. If you would like our office to take a closer...
View More

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