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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23971
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I am living in a rental that has 2 properties (mine and the

Customer Question

i am living in a rental that has 2 properties (mine and the house above me). I have to go up and down the common driveway to get to and from my home. the tenant up from lets her aggressive dogs out and they bark and growl at me. she has been asked to keep them in her own yard but does not comply. the land lord has been advised of the situation. my question are both the owner of the dog and the landlord liable in the event i am bitten?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: california
JA: Has anything been filed or reported?
Customer: just reported by phone to the landlord
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 month ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 1 month ago.

Good morning. Just to be clear, the landlord know and allows this? They have not taken any action?

Customer: replied 1 month ago.
the landlord says it is my word against theirs but they have stated they will call her and advise her to keep her dogs locked up
Customer: replied 1 month ago.
just need to know is the landlord liable as well as the tenant if i am bitten and how should i proceed to document.
Expert:  RealEstateAnswer replied 1 month ago.

Thank you. Yes, it is possible that both could be liable. I say this because the landlord has a duty and legal obligation to provide a safe and secure rental. In a situation like this, if they are placed on notice that a tenant has a dangerous and aggressive dog, they need to take action to remedy it. By that, I mean enforce the dogs being let out in the back yard or in the alternative, putting a muzzle on the dog, if they are going to allow it to be in a common area. You are a tenant and have rights and if those rights are being disturbed, then the landlord can also be in breach of the lease agreement and you could have a possible basis to break the lease. As such, you want to send notice to the landlord and the tenant, via certified mail, placing all parties on notice of your concern, so if something happens and they fail to correct it and act they could be liable.

Customer: replied 1 month ago.
hi are you still with me??
Expert:  RealEstateAnswer replied 1 month ago.

Yes, I was typing your response. Please see above.

Expert:  RealEstateAnswer replied 1 month ago.

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