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Greetings!
I am at my wits end about what to do about my new neighbor (only been here 6 weeks) who allows her dog to bark alot. It goes in spurts, and has impacted my sleep, my work from home, my physical disability, and now, my mental health.
I have lived here over a year, and re-signed until October of 2013. I have never been late, or had any noise complaints on me. This is the 2nd resident in that unit with an unruly dog. When I met the new neigbor, I gave her an FYI that unruly dogs are not appreciated, after she told me she had issues with the dog at her old apartment.
Strangely, it became unmanageable a week later. The office told me to call the police, who in turn got mad at me for bothering them. Both told me I was at fault for not trying to work with tenant first, and told me that I had to meet with the tenant. I asked them if they really think meeting with her is going to work, since the two lease violations didn't. They said "No", and then said it was my fault for not doing that in the first place. I told them the lease did not require me to meet with the resident, but it does say that unruly animals can be removed. They refused to listen to my recordings, told me that I am the only complainer, and offered to break my lease for me to "be happy".
That was two weeks ago. The problem decreased, but recently escalated again yesterday. I know I need to send a certified letter, but am afraid of retaliation or that they will tell me to move in 30 days. I am also afraid that neighbor will retaliate, or else get the three groups of new neigbors to testify against me or vouch for her. This new neighbor is quite the smooth talker, moved here from out of state to start a business, and has been a social butterfly in the community to try and win friends (and new business).
Believe me, I would love to move. However, I have a physical disability and limited funds. It is not feasible right now. How can I word the letter to get the landlord to transfer the tenant to another unit or remove the dog? I'm fearful of the reprucussions. I've always been sweet and pleasant to the office, and I know the letter would shock them. I do know all of the property codes to cite. Are most landlords afraid of certified letters? Do you think that sending one would create problems for me, or rectify the issue?
Thanks for reading through this. Please help me if you can.
You have a lease, how could they give you a 30 Day Notice?
Keep some notes for a few days on the time and duration of the barking. Then, write your letter. Personally I would hand deliver it to management but a certified letter is certainly an option. Is this an apartment complex?
Yes, it is an apartment complex. I have a lease, but they seem to have adopted an "If you don't like it, leave" mentality. All communication has been verbal up until this point.
The thing about this dog issue is that it varies in intensity. I first contacted management August 12 after 3 days of it. Since then, there have been silent periods, bearable periods, and horrible bouts that make me pull all-nighters. There is no rhyme or reason to it.
I think I will send the letter certified, as well as hand deliver a copy. I'm thinking of paying a lawyer to write it to scare them more. But I need to get something out NOW. Would a letter from me (a sweet agreeable tenant) citing property codes and my disability scare the management into action?
unfortunetely, your in a catch-22. if yuo complain and nothing is done, you havew the legal ability to go to court and get the lease voided so you can move. That was done to make it easy for tenants who are in bad situations where the landlord doen;t respond, the ability to get their lease voide with no penalties or additional cost so they can move. But a smart landlord can simply offer to release you from the lease without penalties and there goes your clout. They are pre empting your legal challange by basically telling you to leave if you don;t like it. But that doesn;t mean you should not follow the court option because even though they made the offer for you to leave, in a court, if the judge determines that your rights were violated, besides voiding your lease, they could also order you compensated for any incovinience, for the cost of moving, and even the diference between current rent and the new rent (within reasons). Might as well proceeed as if your going to court.
If it were me, I might briefly cite codes but I would say, in a nutshell, that the noise is unbearable, in violation of lease terms as you understand them, and you demand that they uphold the terms of your lease which includes the right to quiet enjoyment of the property. Name names - you know the dog's owner, the unit #; be specific. But be brief and matter of fact without a lot of flowery emotional or threatening language. Be sure that your grammar is correct and there are no misspelled words.
I am not an attorney, this is just what I think I would do if it were me.
...that the noise is unbearable, in violation of lease terms as you understand them, and you demand that they uphold the terms of your lease which includes the right to quiet enjoyment of the property.
1) quiet enjoyment has NOTHING to do with noise.
2) the OP's interpretation of what the lease can promise w/r/t noise means even less some reading on the topic
Quote:
...offer to release you from the lease without penalties and there goes your clout.
They are preempting your legal challenge by basically telling you to leave if you don't like it.
However unfair, inconvenient or even expensive to effect...
unless the LL just changed from a "no dogs" policy to dogs allowed...
the best the OP can look for is to be released from her lease (the happy clause) and move.
Last edited by MrRational; 09-12-2012 at 07:28 AM..
I can tell you one thing. If I moved into an apartment complex and someone came right up to me and told me what they DON'T like, I would be sure to annoy the hell out of that person.
For example, if you said loud music at 3 in the afternoon was frowned upon, I would be blaring it at 3 PM.
You have way too much time on your hands and I hate people who try to be the police.
To the OP...if they're offering to release you from your lease, there's your answer, i.e. they'd rather have Mr. Barking Dog as a tenant than you.
Take the hint and move.
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