I moved in an apartment about 7 years ago and I signed a contract stating that I couldn't have pets but the landlord said it was OK to bring the animals we had. Well about 2 months ago I took in a dog that had been dumped on the street. I told the landlord who said it was OK to have a dog as long as he is well behaved. Well my dog had started barking and my neighbor heard it and contacted the landlord and she said to call animal services on us because we weren't allowed to have any animals because of the contract I signed.
It is highly unlikely that Animal Control will take your dog away due to the restrictions of a private lease, as these are usually civil law matters. AC can issue citations for violations of noise or excessive barking ordinances and in some jurisdiction multiple incidents could result in your dog being declared a nuisance dog, subject to removal.
As a practical matter, landlord said you could keep dog as long as it is 'well behaved." Complaints from neighbor about excessive barking may lead landlord to the conclusion that dog is not behaving well. As a legal matter, you could run into issues with your landlord as you did not get permission to have pets as a written modification to your lease, which means that landlord is free to change mind or stand on the written terms of the lease
Any answer provided on the AVVO website is for informational purposes only and does not constitute legal advice for your specific situation. You should always seek legal advice before taking any action which may affect your future rights. Your local legal aid office may well provide information or access to free legal advice and your state bar organization may provide referrals to reputable attorneys who will provide advice on a reduced cost basis.
While you signed a lease forbidding animals, which is a landlord/tenant issue, now animal control is involved. That aspect of it is an animal law issue.
AC will not take your animals unless they are not properly cared for.
As for the barking; your neighbors are entitled to quiet enjoyment of the premises. If your dog(s) create a nuisance, that is grounds for eviction. Keep your dogs properly cared for and under control.
The foregoing is for general information purposes and does not establish an attorney-client relationship. Those seeking such a relationship are directed to the contact form on my website.
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