Uccello

This appeal presents a question of first impression: Under what circumstances does a landlord owe a duty of care to his tenant’s invitees to prevent injury from an attack by a vicious dog kept by the tenant on the leased premises? We hold that a duty of care arises when the landlord has actual knowledge of the presence of the dangerous animal and when he has the right to remove the animal by retaking possession of the premises.

A jury trial commenced on appellant’s complaint for personal injuries against defendant Cappell and respondent Laudenslayer. At the conclusion of appellant’s opening statement, the trial court granted respondent’s motion for a nonsuit.

We glean the following facts from the record on appeal: In July of 1971, appellant, five years old, resided with her father and mother at 631 Josilane, Modesto, California. At 630 Josilane, across the street, Anthony Cappell lived with his family in a home rented from respondent. Respondent, the sole proprietor of a real estate agency operated as Rex Realty, owned and rented several other residential premises within the immediate area of the Cappell rental. Until November 1970, respondent lived on the same block,…