Understanding Abandoned Dogs in New Jersey When Animals Are Left Behind After an Eviction or Left Behind by Pet Owners

 When a dog is left behind after an eviction or left behind by a pet owner who moves without the animal, questions about responsibility and legal requirements quickly arise. In at least one New Jersey municipality, property managers and owners have reported that their requests for animal control to impound these dogs were refused. In the same incident, the ACO told the property owner that “it is the law” that the dog must remain on the property for “thirty days” so the owner could be found and cited a statute to support that claim. The ACO also stated that the property owner had to “keep the dog for the thirty-day period” because “that is what the statute requires.”

These statements were incorrect and inconsistent with New Jersey law. They created uncertainty, left the animal without timely protection, and placed the property owner in a legally vulnerable position. The purpose of this article is to provide clear, statute based guidance so that abandoned animals receive proper care and legal responsibilities are correctly understood.

What the Law Clearly States

New Jersey statutes do not support the ACO’s assertion that a landlord or property owner must keep an abandoned dog for thirty days. The law is clear and specific.

1. N.J.S.A. 2A:18-72 through 84
These statutes apply only to abandoned inanimate property after an eviction.
They do not include live animals.
No part of these statutes requires a landlord to keep a dog for any period of time.

2. N.J.S.A. 4:19-15.16
This statute states that a Certified Animal Control Officer shall seize and impound any stray or abandoned dog.
The duty is placed on animal control, not the property owner.

3. N.J.S.A. 4:19-15.32
The holding period applies only to licensed shelters after impoundment.
Shelters, not landlords, must scan for a microchip, notify the owner, and observe the statutory holding period.

4. N.J.S.A. 4:22-17
Any person who has custody or control of an animal must provide necessary care including protection from adverse weather.
If a landlord follows an incorrect instruction to keep a dog, they may become responsible for care and risk exposure to cruelty charges.

5. N.J.S.A. 4:22-20
It is the former owner, not the property owner, who is guilty of animal abandonment.

Conclusion: There is no New Jersey law requiring a landlord to keep an abandoned dog for thirty days. The ACO’s statements were incorrect. The law requires immediate seizure and impoundment by animal control.

What the Law Covers When Property Is Left Behind

New Jersey’s Abandoned Tenant Property Act covers only abandoned inanimate property such as furniture and personal belongings. It does not apply to live animals. Nothing in N.J.S.A. 2A:18-72 through 84 creates a duty for a landlord to retain, hold, or care for a dog left behind. The statute the ACO attempted to rely upon does not apply to animals and cannot be used to justify a thirty-day holding requirement.

Who Has Legal Responsibility When a Dog Is Left Behind

A dog left behind, whether after an eviction or because an owner vacated without the animal, is governed by New Jersey’s animal control statutes. Under N.J.S.A. 4:19-15.16 a Certified Animal Control Officer must seize and impound any stray or abandoned dog. Once the dog is at a licensed shelter, the facility must scan for a microchip, attempt owner notification, and hold the dog for the statutory period under N.J.S.A. 4:19-15.32.

This ensures that trained personnel, not private individuals, locate the owner and determine the outcome. It also ensures that responsibility remains with the person who abandoned the dog.

Why Landlords Should Not Retain a Dog Left Behind

New Jersey’s cruelty statutes impose legal responsibilities on any person with custody or control of an animal. Under N.J.S.A. 4:22-17, that person must provide food, water, shelter, and protection from adverse weather. In the reported incident, the ACO instructed the property owner to leave the dog outside overnight, which is inconsistent with the statutory obligation to protect animals from harsh conditions.

If a landlord keeps the dog because of incorrect guidance, they may unintentionally assume legal custody, exposing themselves to potential liability. New Jersey law does not permit officers or municipalities to shift animal control duties onto private citizens.

Impact of Municipal Refusal to Impound Dogs and Misstating the Law

The report that at least one municipality refused to impound an abandoned dog and told the landlord to keep the dog for thirty days reveals a significant misapplication of the law. The ACO’s statements were incorrect. The statute cited does not apply to animals. The refusal to impound left the dog unprotected, exposed to adverse weather, and deprived of required shelter and safety.

These actions contradict New Jersey’s animal control and cruelty prevention framework and place both animals and property owners at unnecessary risk.

What Should Occur When a Dog Is Found Left Behind

The proper procedure is clearly established by statute. When a dog is found left behind, a landlord, property manager, or neighbor should contact municipal animal control immediately. A Certified Animal Control Officer must respond and take custody. The dog must then enter the licensed shelter intake process, where statutory holding and notification requirements are completed by trained staff.

There is no legal basis for requiring a landlord to hold an abandoned animal for thirty days.

Why Accurate and Consistent Guidance Matters

New Jersey continues to face significant challenges in animal welfare. Correct interpretation of the law is essential to ensure that abandoned animals receive lawful care, especially during adverse weather. Property owners must not be placed in situations where they assume legal responsibility based on inaccurate information. Municipalities and animal control officers must clearly distinguish between landlord tenant abandoned property rules and animal control statutes.

Consistency across jurisdictions protects animals, protects property owners, and upholds the integrity of New Jersey’s animal control system.