QUESTION

tenants requesting that another tenant to get rid of this dog. Dog is kept inside the duplex house, but he says dog is a threat .

Asked on Apr 19th, 2015 on Real Estate - California
More details to this question:
One tenant is requesting the landlord to ask the next door tenant to get rid of her dog. Says he feels threatened and afraid when he barks although the dog is kept inside. The complaining tenant who also has a small dog has lived there only one year while the tenant with dog has lived there for 13 years. Landlord told complaining tenant that if one dog goes than all dogs go, but he says that his lease indicates that the can keep a dog, but its a month-to-month lease and was told changes could be made to lease. He said he was going to seek legal action against landlord to force other tenant to get rid of his dog.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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First, the tenant cannot sue the landlord to force the landlord to get rid of the other dog, without proving that the dog is a danger. If the dog has really not attacked anyone, then there is no evidence that it is dangerous. However, the landlord is still at risk. There is a case where the tenant of a small store in LA posted a newspaper clipping in door window, about how the store kept a vicious dog to scare off thieves. When the dog attacked a person, the landlord was held liable, because the landlord should have vistited the store when the lease was renewed, and should have seen the article, and should have done something about the dog. In this case, you don't think the dog is vicious, but you really don't know, and the other tenant has put you on notice that the other tenant thinks the dog is dangerous. At the same time, the landlord cannot retaliate against the tenant who has complained by either evicting that tenant or requiring that tenant to get rid of her or his dog, too. There is no easy answer. I suggest contacting an agency that conducts mediations between neighbors. Here in Oakland, there is an outfit called SEEDS. A person with training and experience in helping people resolve such misunderstandings, without resort to legal rights. The tenants are probably not speaking to each other. If the big dog is kept inside, the new tenant may not have ever met the dog he is complaining about. A mediator might be able to make that happened in a safe and non-threatening setting. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  
Answered on Apr 20th, 2015 at 2:25 PM

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