Can you get evicted after a dog bite? (York: lease, eviction)
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I'm allowed to have a dog in my building that I just moved into. Unfortunately, she recently bit a neighbor who we were passing in a tight corner of the lobby (while exiting the elevator) when he tried to pet her (without notifying me) and I was carrying boxes. Now the landlord wants the dog to leave. I have offered to muzzle the dog and to make sure that we avoid the other tenants. It's a small building and there are only 3 other tenants and the landlord in the building. But she still wants us out. Does anyone know my rights here? Or know of a good lawyer that can help with this? I've had my dog for over two years and she is not vicious but she gave a warning nip here because she was scared.
I'm allowed to have a dog in my building that I just moved into. Unfortunately, she recently bit a neighbor who we were passing in a tight corner of the lobby (while exiting the elevator) when he tried to pet her (without notifying me) and I was carrying boxes. Now the landlord wants the dog to leave. I have offered to muzzle the dog and to make sure that we avoid the other tenants. It's a small building and there are only 3 other tenants and the landlord in the building. But she still wants us out. Does anyone know my rights here? Or know of a good lawyer that can help with this? I've had my dog for over two years and she is not vicious but she gave a warning nip here because she was scared.
Maybe is not fair to you, but unfortunately you are the only one who still trust the dog is
not vicious after the warning nip. Your neighbor shouldn't touch your dog, but the rest of
your neighbors and landlord will not have the same faith in your dog after what happen.
She already got the reptuation of a bitting dog in the building. It's best just move unless
you can convince them otherwise without going to court, because you don't want to live
in a building with all the animosities from your neighbors and landlord even if you managed
to stay.
Your landlord is giving you a preemptive nip here because they are scared in case there are
more warning nips from your dog in the future.
It may be a liability thing. If your dog were to bite someone and cause injury, perhaps the landlord could be sued because he knowingly let a dangerous dog stay in the building. I know you don't think the dog is dangerous, and perhaps he is not, but I'm just trying to get you to understand how the landlord might be thinking (about saving himself from liability lawsuits).
Don't you have a Yorkie or some other smallish dog? Your neighbor complained to the landlord because an 8lb dog bit him? He really needs to man-up.
Whether or not your landlord can evict you depends on the terms of the lease. There may be a vicious dog clause, but one biting incident does not equal a vicious dog.
I can imagine the judge having a good laugh with anyone who tries to claim a tenant should be evicted because a Yorkie is a vicious dog. Evicting someone from their home is a drastic measure. It is doubtful a judge would do it based on one dog bite when landlords have a hard time evicting people who don't pay their rent.
A biting dog is not a trivial matter. Neither is a tenant who allows his dog to bite a person.
The landlord is adamant about getting rid of the dog because if he is NOT, he will share liability for any further bites. Remember, he is being forced to listen to the BITTEN tenant also.
A biting dog is a menace to everyone who has to share a building with it and it is the sole responsibility of the dog's owner to make sure it is trained. If its first response to surpirse is to bite then that training has been remiss.
A biting dog is not a trivial matter. Neither is a tenant who allows his dog to bite a person.
The landlord is adamant about getting rid of the dog because if he is NOT, he will share liability for any further bites. Remember, he is being forced to listen to the BITTEN tenant also.
A biting dog is a menace to everyone who has to share a building with it and it is the sole responsibility of the dog's owner to make sure it is trained. If its first response to surpirse is to bite then that training has been remiss.
I agree with this entirely.
If you plan on keeping this dog, you will need to get a good lawyer. You are just lucky the neighbor didn't sue you already.
"Warning nip", was it? I have trained my own dogs and foster dogs, and I've never had one that gave a warning nip. The nippers I trained in bite inhibition from the earliest age. There is no such thing as a "warning nip". It is a bite, and you are in denial. But it may come back to bite you.
You have a lease, right? The landlord can't just throw you out, or force you to get rid of the dog, unless the terms of the lease allow it.
KNOCK, KNOCK!
Agressive dog biting is a breach of the lease. DUH!!
You think if it was a pitbull and ripped somebody's leg off, that the lease is protection??
Quote:
Originally Posted by tss42
Don't you have a Yorkie or some other smallish dog? Your neighbor complained to the landlord because an 8lb dog bit him? He really needs to man-up.
Whether or not your landlord can evict you depends on the terms of the lease. There may be a vicious dog clause, but one biting incident does not equal a vicious dog.
I can imagine the judge having a good laugh with anyone who tries to claim a tenant should be evicted because a Yorkie is a vicious dog. Evicting someone from their home is a drastic measure. It is doubtful a judge would do it based on one dog bite when landlords have a hard time evicting people who don't pay their rent.
Do you people just make sht up or what?
There doesn't have to be a "vicious dog" clause! The circumstance is inherent in the law. You can't go around putting other tenants in danger.
As far as the Court, all it takes one good photo of an injured finger and that's all she wrote!
Court is about EVIDENCE and EFFORT!
The judge MUST follow the law, not YOUR opinion of the dangerous nature of a Yorkie!
Have the evidence and make the effort and you'll prevail no matter what.
You can get evicted because that little rat dog barks too much, creating a nuisence.
A biting dog is not a trivial matter. Neither is a tenant who allows his dog to bite a person.
The landlord is adamant about getting rid of the dog because if he is NOT, he will share liability for any further bites. Remember, he is being forced to listen to the BITTEN tenant also.
A biting dog is a menace to everyone who has to share a building with it and it is the sole responsibility of the dog's owner to make sure it is trained. If its first response to surpirse is to bite then that training has been remiss.
OMG!! Thumbs up!!!
Couldn't have said it better myself.
Another, important consideration:
The OP has admitted 'Negligence'!
He was carrying boxes, and consequently, was not aware of the dog, and was NOT fully in control of his dog. The law requires that an owner be in FULL control.
That alone is the basis of an eviction suit, as welll as a suit for damages. The whole incident is the OP's faullt. The issue isn't whether the dog is vicious, it is whether the OP can control is dog; not be negligent in its (for want of a better term) operation of the dog.
Btw, OP, the neighborh nor anyone else is required "to notify you" of their intent to knteract with the dog. It is your responsibility to ALWAYS be in control of your dog. You should NEVER be in a position that you allow your dog to attack anyone.
The LL has a right to be pissed. He extended himself to you, by allowing the dog, and you FULLY failed in your responsibility to reciprocate the LL's trust.
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