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I live in a pet friendly apartment complex and next door to people who's dog barks incessantly when they are gone. I have made 3, soon to be 4, complaints to the manager in the last couple of months. I have also kept a running log of said dog issues along with recordings of the dog barking.
My question is, do I keep making these complaints, or try calling law enforcement as it does not appear that management is addressing the situation.
My next question is, under these circumstances, is this enough for me to break my lease?
Last edited by bennington; 10-09-2014 at 09:25 PM..
You keep reporting it to management when and only when it is a nuisance.
You report it to law enforcement when and only when it’s a violation of noise or dog barking ordinances. (you will need to research the ordinances and ask the police what does it mean in real life terms)
Continue keeping a log as you have done.
This may or may not be enough to start the process of breaking a lease. However, without know what state (and city) you are in, no specifics can be given. You will need to read and understand your state's landlord tenant laws. You may want to seek a quick legal opinion before wasting time chasing windmills.
Finally, its more difficult to use dog barking as a nuisance when you knowingly moved into a place that openly accepts pets. Courts have a tendency to imply "What did you expect?"
Rabrrita is correct...you moved into a pet friendly community and knew, from the get go, that there were going to be dogs.
However, you do not have to listen to a dog bark for hours on end. How long the dog is barking is the key...is it all day long? (one continuous barking session) Is it random throughout the day? 10 mins here, 5 mins there, when someone stomps on the stairs, honks a horn, bangs on a door or when the owners leave?
Im guessing that since you've only complained 3 times in the last 2-3 mths that it doesn't happen very often..and if that's the case, you're going to have to deal with it.
As for breaking your lease, you don't need a 'case'. You need to read your lease and find where it talks about 'early termination' and follow the process outlined.
You moved into a pet friendly apartment building. That means dogs live there and dogs mean that there is going to be barking. Your chance of legally breaking the lease without penalty are about zip. However, management might allow you to buy out your lease.
If you happen to have pets yourself, that means you will be moving into another pet friendly building and there will be dogs and dogs bark. Apartment buildings are noisy and buildings that allow pets are even noisier. You won't get away from barking.
I suggest that you find out what your local ordinances are about noise and barking. Then at the point that the barking passes over into violation of the law, you call animal control and file a complaint. Your apartment management isn't going to do much about barking in a building where the dog is allowed. They allowed the dog, so the dog does not give them grounds to evict. There really isn't much that management can do about the barking.
Even though an apartment complex advertises as "Pet Friendly"; the management team also needs to ensure the complex is "Resident Respectful"; meaning that 'excessive dog barking'; 'dog poop not cleaned up by the owner'; 'dog scaring neighbors and trying to bite' are not allowed.
OP needs to read the lease; hopefully it will indicate that residents are responsible for ensuring their dog does not disturb other residents (as noted above).
If managements buries it's head in the sand, the OP needs to contact the local police department to ascertain what, if any, noise ordinances are in effect.
If mgmt or police both give the 'deer-in-the-headlight' response, there's not much else the tenant can do other than approaching the dog owner (most times that's a waste of time); break the lease and move where dogs are not allowed; or shrug it off (good luck with that).
Some of you all might also find relief with the Relaxio app. It has some nice sounds. I recommend getting a bluetooth speaker since it amplifies the sounds better than the built in speakers in your phone.
You can just feel a lot of stress and tension easing out once you play some good relaxation sounds.
My condo complex is dog friendly but excessive barking is not allowed. My dog once went woo woo woo and I got a call I was like ? There WILL be barks, dude. Three ruffs is not excessive!
Anyway, he was extreme, that property manager. But true excessive barking disturbs the peace.
My condo complex is dog friendly but excessive barking is not allowed. My dog once went woo woo woo and I got a call I was like ? There WILL be barks, dude. Three ruffs is not excessive!
Anyway, he was extreme, that property manager. But true excessive barking disturbs the peace.
I guess it depends on when the dog barks moreso than just the amount of barking. And it varies from individual to individual. Some people nearly have a freakin heart attack if they hear a loud gruff series of barks out of nowhere. Depends a lot on how on edge the person is.
It's a big difference between walking around on a public street with people commonly walking their dogs and hearing the bark (easily anticipated) while your psyche isn't as prepared to be started out of nowhere with a barking dog.
It just depends on the person.
Some people probably grew up afraid of dogs and that's why any barking out of the blue tenses them up.
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