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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2785
Experience:  Litigation Attorney
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I live in a pet friendly apt complex. I pay pet rent. There

Customer Question

I live in a pet friendly apt complex. I pay pet rent. There is a pet addendum that states that dogs are to be kept from annoying neighbors. Makes sense, right. The problem is I have an upstairs neighbor who dose not have a dog works nights and expects complete silence during the day. Complaints,threats, pounding on my door late at night to scare me have resulted. Although I totally agree that excessive barking is unacceptable there is no way that I can keep my dogs from not barking at all. I am unable to enjoy my apt or my dogs in a normal reasonable manner enjoyed by other tenants but held to a different standard controlled by a misplaced tenant with unreasonable demands what if any are my recourses
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

The first step for you is to determine what exactly it says in the lease regarding what "annoying behavior" is. Also examine any definitions regarding excessive noise, etc. The lease controls regarding any specific definitions that might either hurt or help you. Unfortunately it is very difficult to determine what exactly constitutes annoying behavior or what is excessive noise by your animals. You and your neighbor both have an inherent "right to quiet enjoyment" of your property. Just because your neighbor is on a different schedule does not mean that everyone must adhere to that schedule. Ultimately there will need to be proof that the noise from your dogs is excessive and breaks the threshold into annoyance of your neighbor. I would try to get the landlord or apartment manager to try to define what they consider to be annoyance to your neighbor and also what is acceptable behavior on behalf of your neighbor. You should not be getting late night visits and I would send the manager written notice that you would like this behavior to stop and if your neighbor has complaints, they should be conveyed during normal business hours. That is about all I can tell you at this point as "annoyance" and excessive noise are both terms that might need to be ascertained by a judge and determined if they are being broken in order to solve your problem if the apartment manager will not step in. Your quiet enjoyment is also being interfered and you need to give written notice of this and possibly threaten to terminate the lease if the problem is not fixed as is your right. Right now you simply need to continue to keep records and hopefully you, the apartment manager and the neighbor can come to an understanding.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)

Expert:  Christopher B, Esq replied 1 year ago.

I see you have reviewed my answer, do you have any further questions? If not, please positively rate my answer if satisfied.

Expert:  Christopher B, Esq replied 1 year ago.

Any chance for a positive rating?