A landlord has recently purchased a rent controlled property. Two months into ownership of building, Tenant A's dog severely bites Tenant B, who resides in another apartment, without provocation, sending Tenant B to the hospital. Tenant has no pet clause clearly stated in lease. Tenant A's dog was roaming unleashed in backyard when incident happened. All incidents are documented with paper trail & pictures. Tenant A has admitted ownership of dog and landlord has recently received documentation proving ownership of dog by Tenant A. Current Landlord had no previous knowledge of dog. Landlord wishes to immediately evict Tenant A for a nuisance violation or whichever such method is most appropriate as quickly as possible. How may landlord most expeditiously and effectively do so?
In California, dogs are treated as property+ (don't quote me on this one). While dogs occupy a very specific space as companions, service animals, and are protected by law from animal cruelty, they are still very much considered property in most regards. As such, owners of dogs are responsible for the actions of their dogs, or the owner is responsible for inaction in managing the dog.
In all California leases (written or oral) for residential properties, there is an implied covenant of quiet enjoyment. This means that one tenant's use and enjoyment of the property is not disturbed either by the landlord's act or a landlord's inaction in managing another tenant.
As it relates to any damages caused by the acts of a tenant's animal, usually damages are assigned to the tenant who did not control the animal UNLESS it can be proven that the landlord had failed in someway to maintain the safety of the property and the animal bite occurred as a result.
From an informal standpoint (aside from paying monetary damages), the best solution in a dog bite situation where it is not fatal is that the dog either be put up for adoption or permanently sent away; or that the tenant owning the dog leaves.
In terms of evicting a tenant in an area subject to an RSO, a landlord cannot evict a tenant without good cause in Los Angeles. Where a tenant has not failed to pay rent or breached a term of the lease, a landlord must serve either a 30 day notice (for tenants who have resided at the leased premises for less than a year) or a 60 day notice (for tenants who have resided at the leased premises for a year or more) to vacate for one of the legal reasons described in the link below.
In any case, dog bite issues that are coupled in landlord tenant law will probably require that you sit down and consult with a local landlord-tenant attorney who can advise you as to what your rights are as a landlord (or tenant).
If the animal is not a service animal, (which definition is subject to abuse apparently) then the no pet clause is a breach of the lease agreement and a curable three day notice to get rid of the dog should be served.
Serve the tenant with the unpermited dog a Three-Day Notice to Compy with the lease and get rid of the dog or vacate. If the tenant remains with the dog, bring an unlawful detainer--but only after obtaining solid evidence, e.g., photos and witnesses, that the dog is still there.
