Elinor D. Molbegott, is an attorney who maintains a law practice devoted to animal law. Elinor donates her time to answer questions from North Shore Animal League America supporters who would like to learn more about animal law.
Can a temporary boarding become permanent due to safety concerns?
I received this wonderful dog from someone who needed temporary boarding while she went through a court ordered rehab program. I was told she would be with us for 3-4 months. And I agreed to return her contingent on the original owner proving sobriety and stability. When the dog was first placed in my care I noticed that she was physically healthy but extremely anxious and traumatized. The previous caretaker was drugging her daily with a tranquilizer that was not prescribed for her. It has now been over ten months, no communication from the original owner. The dog is doing wonderfully well, is happy and well adjusted and feels safe. Yesterday I was informed the original owner wants the dog back now. I have also since learned that the initial court ordered rehab was due to a violent incident. Can I refuse to return the dog, citing safety and stability concerns and breach of the original agreement? Since I didn’t hear from them for months after the terms of the original agreement, could it be considered abandonment of property?