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Old 02-02-2013, 05:15 PM
 
2 posts, read 14,491 times
Reputation: 11

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Hi.
I had a misfortune to choose a dog-friendly building when renting (California, Silicon Valley)... My neighbors downstairs have a dog that barks non-stop when they are out. It barks for 5-15 minutes, waits for 5, barks again, etc. for hours and hours. I am a dog person, and ok with noise in general (there's some other noise here like TVs that don't bother me, but I probably should have never even considered a wooden building...) so I was not overly concerned but lately the repetitiveness has been getting on my nerves; they also tend to return late on weekends so Fri/Sat it's guaranteed non-stop barking until 2am.
I can only sleep in earplugs, and even thru earplugs I still faintly hear it.

Now, the question is - my current plan is to go to landlord, maybe next week, and complain about barking in general, and 2am barking in particular. The lease terms say that the pet can be kept if it doesn't cause nuisance to other residents; there are quiet hours; and pet permit can be revoked within 3 days so it should be a no brainer, however what if the landlord is uncooperative? Can I terminate the lease without paying the termination fee if this condition persists?
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Old 02-02-2013, 06:47 PM
 
27,083 posts, read 44,371,351 times
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I don't think you have a right to terminate the lease without any liability.

It is a code violation when dogs are a nuisance so there is plenty of things that can be done.
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Old 02-02-2013, 09:51 PM
 
Location: Kailua Kona, HI
3,199 posts, read 12,824,802 times
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Yes, I agree that you have some action available as per the lease. The dog owner is not supposed to disturb others' "quiet enjoyment". You, as a tenant with the same basic lease, have a right to quiet enjoyment. I'd write a formal letter to your LL itemizing these concerns. In the unlikely event that the LL sides with the dog owner then I think you do have some grounds. Obviously there is a goodly amount of noise one must accept and live with in an apartment complex, but dogs barking 24/7 is not one of them.
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Old 02-03-2013, 12:10 PM
 
Location: San Antonio, Texas
3,490 posts, read 19,077,412 times
Reputation: 2711
The first step os to speak to the tenant with the dog. In a friendly manner ask if they are aware of the constant barking when they are gone? Maybe they need to know that. Tell the tenant first and see the results. If no relief then it is time to go to the LL as KonaKat has suggested.
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Old 02-03-2013, 01:09 PM
 
2,688 posts, read 7,106,201 times
Reputation: 4195
Default You know...

Quote:
Originally Posted by sershe View Post
Hi.
I had a misfortune to choose a dog-friendly building when renting (California, Silicon Valley)... My neighbors downstairs have a dog that barks non-stop when they are out. It barks for 5-15 minutes, waits for 5, barks again, etc. for hours and hours. I am a dog person, and ok with noise in general (there's some other noise here like TVs that don't bother me, but I probably should have never even considered a wooden building...) so I was not overly concerned but lately the repetitiveness has been getting on my nerves; they also tend to return late on weekends so Fri/Sat it's guaranteed non-stop barking until 2am.
I can only sleep in earplugs, and even thru earplugs I still faintly hear it.

Now, the question is - my current plan is to go to landlord, maybe next week, and complain about barking in general, and 2am barking in particular. The lease terms say that the pet can be kept if it doesn't cause nuisance to other residents; there are quiet hours; and pet permit can be revoked within 3 days so it should be a no brainer, however what if the landlord is uncooperative? Can I terminate the lease without paying the termination fee if this condition persists?
'dog friendly' does not mean 'intrusive behavior'. There are still rules that need to be followed. I'd file a complaint. The dog needs to be silenced or the tenant needs to move. We also live in a very 'dog friendly'
complex but excessive barking is not allowed. We have recently had a few issues with a few tenants and their 'loud' dogs. We are currently in a 'moritorium' for six months, meaning no new dogs are allowed to move-in or visit this complex while management gets it all under control. We have all been asked to submit a picture or each dog and fill out an identity form for our files. They mean business.
Koale
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Old 02-04-2013, 11:11 AM
 
Location: North Idaho
30,178 posts, read 41,230,033 times
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Quote:
Originally Posted by KonaKat View Post
................ The dog owner is not supposed to disturb others' "quiet enjoyment". ..........
Quiet enjoyment means the tenant gets to enjoy his residence in a quiet manner. It does not mean he is guaranteed that there will be silence around him. It means he can live a normal life but can not make outrageous noise as his form of enjoyment.

The owner of the dog should be notified that the dog is barking while he is gone. He might not even know.
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Old 02-04-2013, 11:23 AM
 
Location: Ridley Park, PA
701 posts, read 1,598,080 times
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Quote:
Originally Posted by oregonwoodsmoke View Post
Quiet enjoyment means the tenant gets to enjoy his residence in a quiet manner. It does not mean he is guaranteed that there will be silence around him. It means he can live a normal life but can not make outrageous noise as his form of enjoyment.

The owner of the dog should be notified that the dog is barking while he is gone. He might not even know.
Yeah, I'd say this is definitely the first step. If the tenant is out of the house when the dog's barking like this, he might not know. It could be a pain to train the dog not to do it (separation anxiety in dogs is a difficult issue to fix), but the tenant below may be reasonable. I know if I still lived in an apartment I'd want to hear from the neighbor about the problem before I heard from a landlord about it.
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Old 08-28-2016, 06:56 PM
 
1,716 posts, read 1,520,553 times
Reputation: 3390
Quote:
Originally Posted by ShaneSA View Post
The first step os to speak to the tenant with the dog. In a friendly manner ask if they are aware of the constant barking when they are gone? Maybe they need to know that. Tell the tenant first and see the results. If no relief then it is time to go to the LL as KonaKat has suggested.
I have the same problem and told the dog's owners and they said they cannot help what the dogs does when they are not at home. Mgmt won't do anything either. They passed the dog off as a svc dog per
the suggestion of mgmt. because he's a great dane and they dont' allow dogs over 40 lbs. I know all
this because the owner and mgmt. told me so. This dog is left alone in a kennel for hours and he doesn't like it and bangs and tries to get out..the noise is excruciating. I reported it to ACS and they came and reported to me that the dog is not abused. So what to do now? They live directly above me and the apt
above them just happens to be empty so no one to complain except me. Unhappy in my retirement years!
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Old 08-28-2016, 09:12 PM
 
Location: El paso,tx
4,387 posts, read 2,073,469 times
Reputation: 7945
Buy them an ultrasonic anti bark deterrant bird house to put inside their house where dog is. Or you get one and aim at their unit. Costa out 70.00.
Also tell them that melatonin, givenomous to the dog 20 min before they leave can help. Dosage is 1 MG per 20 lbs. Not to exceed 3 mg, unless dog is a giant breed like a great dsne, and then they can go up to 6 mg. Melatonin is very safe and is great for separation anxiety or noise phobias in dogs.
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Old 09-08-2016, 11:01 AM
 
253 posts, read 197,989 times
Reputation: 388
Quote:
Originally Posted by ShaneSA View Post
The first step os to speak to the tenant with the dog. In a friendly manner ask if they are aware of the constant barking when they are gone? Maybe they need to know that. Tell the tenant first and see the results. If no relief then it is time to go to the LL as KonaKat has suggested.
^This. Always try peaceful mediation first. Don't blindside these people with trouble from their landlord and the threat of losing their pet license. They might be totally unaware this is even happening.
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