6
None of the other cases cited by plaintiffs support their argument that a landlord who
permits a tenant to keep dogs in a rental property is obliged to investigate whether the dogs have
exhibited aggressive behavior in the past. Instead, these cases hold—consistent with the
Restatement—that a landlord may be held liable for injuries caused by a tenant’s dog if the landlord
had actual knowledge of the dog’s vicious propensities. See Donchin v. Guerrero, 41 Cal. Rptr.
2d 192, 196 (Ct. App. 1995) (“Under California law, a landlord who does not have actual
knowledge of a tenant’s dog’s vicious nature cannot be held liable when the dog attacks a third
person.”); Matthews v. Amberwood Assocs. Ltd., 719 A.2d 119, 129 (Md. 1998) (holding landlord
could be held liable for injuries suffered by guest who was attacked by tenant’s dog on premises
where landlord was aware of dog’s vicious propensities); Wright v. Schum, 781 P.2d 1142, 1146
(Nev. 1989) (holding that landlord who knew of danger posed by tenant’s pit bull and promised
neighbor to keep dog from escaping but failed to do so could be held liable for injuries caused to
third person when dog escaped from premises); Cronin v. Chrosniak, 145 A.D.2d 905, 905-06
(N.Y. App. Div. 1988) (explaining that landlord’s liability for injuries inflicted by tenant’s animal
depends on landlord’s knowledge “that his tenant is harboring an animal with vicious
propensities”).
7
Although not specifically identified as such, plaintiffs’ claim could only be for public
nuisance, as they do not allege that the dogs caused a nontrespassory invasion of their private use
and enjoyment of land. See Restatement (Second) of Torts § 821D (1979) (defining private
nuisance).