How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111526
Experience:  Attorney with over 24 years experience.
10285032
Type Your Landlord-Tenant Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Dog who attacked my dog several times moved into my building

Customer Question

Dog who attacked my dog several times moved into my building in New York City.
My building is rental apartment, $5,600/mo. For 1BR., high rent than most of Apt. in the city. In two moth, this aggressive dog charged my dog 4 times in the building, not reached to my dog yet,but if handler was not strong, my dog would have been attacked. I complained building manager that we have lease agreement that said, " dog, cat and let must be peaceful nature." Building totally ignored, they descrived a
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  AttyHeather replied 4 months ago.

Hi, I'm Heather, an attorney with 15 years experience, and I'd be happy to assist for informational purposes. It sounds like this dog is too aggressive to live in the apartment. What a frustrating situation. Just so that I can be sure to provide you with good service and answer the question you need to know, could you clarify the question you want me to address?

Customer: replied 4 months ago.
Please let other expert answer.
Thanks
Expert:  AttyHeather replied 4 months ago.

Sure, I will opt out of the question to allow another expert to pick it up. I'm sorry I was not able to assist you this evening. Have a wonderful night!

Expert:  Phillips Esq. replied 4 months ago.

Hello: A different Professional here.

Your initial post was cut off. What is your specific question?

We cannot answer your question without knowing what the question is in the first place.

Thank you for your cooperation,

Customer: replied 4 months ago.
They disproved as two friendly dogs. If you see this dog aggression. Nothing different as watching dog fight's dog. In fact, this dog attacked my dog several times, but I did not know that time. And this dog attacked almost every day, some dog were victim.
How can I make this dog move out from this building?
Is lease agreement of " must be peaceful dog ..." Means nothing to tenant?
Expert:  Phillips Esq. replied 4 months ago.

Thank you for the information.

If the apartment complex has refused to intervene, you need to contact the Police and file complaint against the dog owner.

You should also file lawsuit against the apartment complex for breach of your lease in your Housing Court for allowing an aggressive dog in the building and refusing to do something about it inspite of your numerous complaints. You should be asking the Court to order the Landlord to have the dog removed or face penalties from the Court for refusing to do so.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 4 months ago.
I have called police have two harassment reports, one is for few weeks ago insident and 2015 ( before they moved in / but I did not know name at the time ) . This time I only I know woman's first name and aprtment number because building told everybody not to give their complete name.Housing court - how serious and how effective?How much is it?Need lawyer and how much involved?If building erased security camera, there is no evidence, how can I convince them?All doormans they act " not get involved " what they saw, they said, now, they din not see.One doorman told dog owner that " wait, sit " when I was chased by this dog and owner until I get elevator, but Nike, he said, " did not said "
Expert:  Phillips Esq. replied 4 months ago.

I will opt out and give another Attorney the opportunity to further assist you.

Expert:  Law Educator, Esq. replied 4 months ago.
P { margin-bottom: 0.08in; }A:link { }

P { margin-bottom: 0.08in; }

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.


I am a DIFFERENT CONTRIBUTOR.

A dog owner is strictly liable under NY law for any damage or harm their dog causes. So, you have grounds to sue for being attacked and for the emotional distress caused by that attack. You also can sue the owners for the nuisance created by their violent animals. You do bear burden of proving the actions you allege, such as even cell phone video.

You also have a right to file a complaint to the apartment management regarding their inaction being a breach of your lease/rules and grounds to pursue them as well for a declaratory judgment (a court order to force management to enforce their rules).

An attorney to handle something like this for you can cost you perhaps about $200 per hour I am afraid, or you can file suit on your own in the court without an attorney.
Customer: replied 4 months ago.
I see I can sue the building, but my week ness is no evidence. Building described " friendly dogs " after viewed security camera footage.
Doormen were instructed " not to say anything, do not take any side " they are instructed not to get involved.
Without witness, what chance do I have to remove this dog and owner from my building?
If I am suing the building, what is title of suing?
Asking money?
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

Unfortunately, the problem in any case is it is the burden of the person making the allegations, you in this instance, to present evidence in court to support your allegations. If you cannot get evidence, you have no chance to legally have the dogs removed or anything done about it.

If you have evidence, you would sue the building for a "declaratory judgment" to force them to remove the dogs, it would be seeking a court order to them to enforce their rules and take action. You can only get money damages from the owner of the dogs or maybe the building if you can prove you suffered some actual injury from the dogs.
Customer: replied 4 months ago.
you are saying nothing good outcome even after suing building without actual injury.
My complain about history of this dog's attack does not make violation of lease agreement without evidence of video or photo or any kind?
Even if I bring doorman as witness, if he lie, " he did not see or he did not heard this dog's vicious barking, I don't have case.
Is that right?
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

You must be reading something different than I am writing. You want the dogs out, so if you sue and prove the dogs are dangerous and attack other dogs or you, then the court can order the dogs removed, so that would be a good outcome.

Unfortunately, just your word about the dog's attacks without any proof is not sufficient to win any case.