[Help] Need advice regarding legality of giving a dog away when she still has a different owner

Help!

I live in Oakland, California. My upstairs neighbor has a serious drinking problem and as of about Tuesday of last week just left his dog in the yard for two days. Eventually we let her into our apartment and gave her food and water. There's four of us living in our apartment and all of us have knocked on this guy's door trying to get him to let his dog back in but he won't open the door or acknowledge her. He's definitely home. In fact, I don't think he's left his place for a week. I left texts and a voicemail but no answer. We're looking at adoption possibilities for the dog. Problem is, she's an old dog. Sweet natured and fine with other animals but around fifteen with bad hips. There are senior dog adoption centers that could possibly take her but there's the issue of ownership since she doest technically still have an owner. One place said they would send me a basic template of surrendering dog ownership that we could try to get the owner to sign so that we get ownership and then can find a place for the dog.

Given our neighbor's history over the past year, I seriously doubt he is ever going to get sober. He almost died from it last year, his friends put him in rehab, but he came back early and immediately started drinking again. He's literally left pools of blood twice on the concrete steps leading up to his apartment from falling down and bashing his head. He wouldn't accept help, we had to clean the blood up, and he still keeps drinking every day all day. So I don't see him being fit anytime soon to look after his dog.

What happens if our neighbor won't sign this paper and still won't take his dog back? Is there a point in time by which it can be considered abandonment and he has legally surrendered ownership? Could he sue us for giving his dog away if we did so without a signature from him?

Edit: thanks for the responses, everyone! I will call animal control soon and see what they say before we make a move with the dog. As for the neighbor we do see his lights go on and off and hear him moving around from time to time so we know he’s not dead yet but if that stops we’ll call the cops to check on him

Posted Feb 27, 2018, 3:44 AM UTC · edited

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FinchHopBarbie collie-Zuzia "Zuzu"•

Try r/legaladvice for a deeper answer. IANAL but I think if you took his dog then it would be considered stealing it. You could try sending a certified letter that his dog is at your apartement you have X amount of days to pick it up (some like 5 or 7?). You could also try getting her into a government run animal shelter as a lost/stray animal and say you're interested in adopting her. If after the appropriate hold has passed and owner hasn't claimed her, you can adopt her and then do with her as you wish. You might need to keep up to date yourself on when her stray hold ends since govt/ shelters can be very busy. The second route will probably be the pricier one but I think it's more solid legally speaking. But I gotta stress IANAL.

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scarlet88Hilde: 4yo BMD x Great Pyr // Yodel: 3mo Black Lab (SAR)•

Ah... are you sure your neighbor is ok? I would be calling the police for a wellness check to make sure he isn’t dead inside the apartment.

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NukeBomb1945•

yeah in my county if you even dog sit a dog for 30 days it is legally yours

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RambletteIrish Setter AKA Wild Fur Baby•

I was in a somewhat similar situation with a neglectful owner, I was in Oregon. As far I could tell it wouldn't be legal unless the owner surrendered the dog, and my friend, who volunteers with a foster agency, said they couldn't take it unless the owner signed it over. You might consider animal control, if he is being sufficiently neglectful they might be able to seize the dog.

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DreamingOfFlying•

Call your local SPCA or animal control for guidance. It will depend on where the dog was left, what's considered abandonment/neglect, and local laws regarding that. Don't try to give away the dog or contact him at this point. Let animal control seize the dog if they can.

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