
    Antonio MARTINEZ, and Ana Martinez, individually, as husband and wife; and as natural guardians of Antonio Daniel Martinez, a minor, Appellants, v. Evelyn SCHIFFMAN and National Indemnity Insurance Company, Appellees.
    No. 80-1682.
    District Court of Appeal of Florida, Third District.
    Sept. 1, 1981.
    
      A. Koss, Miami and Mauricio J. Ejenb-aum, Miami Beach, and Alex Sierra, Coral Gables, for appellants.
    Virgin, Whittle & Garbis and Gary E. Garbis, Miami, for appellees.
    Before BARKDULL, SCHWARTZ and FERGUSON, JJ.
   PER CURIAM.

The trial judge correctly held that the second amended complaint failed to state a cause of action against the appellee landlord for injuries caused when a dog owned by his tenants bit the minor plaintiff while he was on the leased premises. Miller v. Sinclair Refining Co., 268 F.2d 114 (5th Cir. 1959); Simms v. Kennedy, 74 Fla. 411, 76 So. 739 (1917); Collins v. Otto, 149 Colo. 489, 369 P.2d 564 (1962); cases collected, Annot., Landlord’s Liability for Tenant’s Vicious Pet, 81 A.L.R.3d 638, 641-43 (1977). Compare, Uccello v. Laudenslayer, 44 Cal.App.3d 504, 118 Cal.Rptr. 741 (1975), where the landlord’s liability was based on the lessor's retention of control over the leased premises, a factor which was not alleged in this case.

Affirmed.  