Expert Answers to Pet Legal Questions

How do I get a legal document proving the dog is mine? 

I recently broke up with my fiancé and he is threatening to take my dog away. I am the sole provider, I have been taking care of my dog for the last two and a half years. I need some kind of legal document proving ownership, because he may come to my house and try to take my dog. 

ANSWER:

I suggest you take precautions so that your ex-fiancé is not able to enter your house and remove your dog. The police do not typically get involved in pet custody disputes, but one could certainly alert the police of a pet theft threat. The dog should be licensed and microchipped. If someone ends up in a lawsuit concerning “ownership” of a dog, the dog license and microchip registration will be considered, as will other factors, including, for example, who purchased the animal, who is the animal’s caretaker, under whose name the animal is listed at the veterinarian/groomer and who pays for the animal’s care. Courts have considered the animal’s best interests in a few cases.

Can my cat's previous owner sue me to get the cat back? 

I have a cat that was given to me because the previous owner had other cats in her home, and the one that was given to me had eye-watering and vomit issues. No money exchanged hands for this cat, no contracts, no written agreements. She keeps in contact with me about the cat, and has told me that if I don't have the cat's teeth cleaned by a certain date she is going to sue me to take the cat back. I am so sad, as I love this animal and take exceptional care of her. Can this person sue me?  

ANSWER:

She can sue, but the issue is really whether she can be successful in the lawsuit. Usually, the person giving an animal away does not have any further claim to the animal, unless there were conditions attached to the gift. Of course, if an agreement is in writing, the existence of the conditions is easier to prove. Sometimes when people give an animal away, they feel guilty or sad and want to know that the animal is being well cared for in his/her new home. It is possible that the cat’s former owner is concerned about the cat’s health/teeth and just needs some reassurance that the cat is fine. Perhaps if you provide such assurance, which may include getting the cat’s teeth checked out by a veterinarian and letting her know this was done, she will be less intrusive. If this person threatens you, contact the police.

What can be done if a breeder wants to euthanize a puppy for not meeting breeding criteria? 

A client came into our clinic. She is a breeder. She has a puppy which does not meet her breed criteria, and she will not sell him or give him away. She wants to have the puppy euthanized and will not negotiate on this point. What can you do in this kind of situation?

ANSWER:

The veterinarian is under no obligation to euthanize the animal. Hopefully, the veterinarian will be able to convince the breeder to leave the dog with the veterinarian for adoption. Interestingly, will provisions directing that an animal be euthanized upon the death of the animal’s owner have been invalidated by some courts.

Can I be evicted for having a kitten? 

I did not know my lease had a no-pet clause. I have had a kitten for four months. The rental agent has called me twice about my kitten. Can I be evicted for having a kitten?

ANSWER:

I answered a very similar question from New York before. Here is that answer again: New York City and Westchester County have what has been termed “three-month laws,” which basically provide that if a tenant has openly kept a common household pet in a multiple dwelling for three months or more with the knowledge of the landlord or landlord’s agent, and the landlord has not commenced a legal proceeding to enforce the no-pet clause within that three-month period, the no-pet clause is waived for those particular pets. People in public housing have additional rights as do people with physical or mental disabilities. Even outside of NYC and Westchester County, tenants have won cases based on language in the lease, print size of the lease and various other factors. I suggest you consult with a landlord/tenant attorney in your area.

Do I have any recourse for a vet operation gone wrong? 

The vet operated on my dog and said he'd heal in no time. The operation didn't work. My dog was returned to the vet to be re-operated on because the vet did something wrong. They have no excuses, and won't tell me why or what happened, but are demanding payment. Is there any recourse I can take?