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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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I have received three complaints over the past 7-months

Customer Question

I have received three complaints over the past 7-months regarding my dog barking on my patio late at night. The last notice was titled 'First and Final Notice of Lease Violation'.
I have come to learn (through the grapevine) which tenant has filed the same complaint three times. He sleeps outdoors on cool nights which makes him very susceptible to normal noise.
Here is the issue:
I have learned that he may not even be a legal tenant (meaning he is not on the lease), and believe he has a vendetta against me as the last complaint was this past Saturday and we (my dog and I) were not even in town.
Here are my questions:
1. Can an unauthorized/non-contracted person file a complaint against a neighboring tenant?
2. Can a tenant file a complaint for noise if they sleep outdoors?
3. Can I hire an attorney to subpoena the complaints and compare against the tenant registry to expunge the complaints?
4. Are there any other questions I should be asking?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 1 month ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

1) There is really no law that directly addresses this point so the answer would have to be "yes". However, that is not set in stone because, depending on the specific wording of the written lease and any other paperwork there is the potential that this would be a breach of contract. If there is nothing in the paperwork that addresses this then the apartment unit can set the rules as they see fit regarding who they allow to complain.

2) Yes, there is nothing in the law that says they can't. It could be that the term the unit is complaining that you are violating would make this answer different and if you can attach the section I would be glad to take a look at it.

3) Yes, but you have to file a lawsuit to issue a subpoena. An attorney or a private citizen can't issue a subpoena without a lawsuit being filed. You would have a potential lawsuit for breach of contract or for "constructive eviction" but you don't want to file those without something to back them up.

4) No, not questions. What you need to do is get a copy of all of the paperwork, including the Notices, and get a local lawyer to look them all over. That will give you a better idea of how strong the cases are for each of you.

You can find a lawyer to assist you by going to and in the section for Area of Practice enter Civil Litigation or Consumer Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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