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CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I moved to these apartments with th promise that they are

Customer Question

I moved to these apartments with th promise that they are quiet, other than than th folks that roam thru them that are not residents. i worked in th am hrs, but th dogs bark day and night. I was told there are no animals aloud anymore but th dogs are aloud to run around rampant without owner and i have been bitten three times. Small dogs, but still. I could not live my schedule and i lost my job that i worked in th am due to sleep deprivation. Dogs roam here without owners. What can i do?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  FamilyAttorney replied 11 months ago.

Hello. I’m a family lawyer and appellate attorney with 36 years’ experience and also have extensive experience with landlord-tenant issues. I look forward to helping you today.

At the end of our discussion I’m going to ask you to rate me, okay? I’d appreciate it because this is the only way we get credit for our time here today. It is at no extra cost to you.

Please note:This is general information for educational purposes and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. You are advised to retain your own attorney.

I'll be back in a few minutes after I type my answer. Thanks! Can you tell me what state you are in and how long the lease term is?

Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

Thank you for using the forum. My name is ***** ***** I hope to assist you today. Your prior expert "opted out" - this sometimes happens.

I am very sorry to learn about this situation and about the loss of your job.

You can sue the landlord for "breach of contract" "breach of the implied right of quiet enjoyment" and "fraud in the inducement" (this last cause of action is aimed at trying to cancel your lease, the first two are to try to get the landlord to actually enforce the rules).

You can do this in small claims court, without needing a lawyer, and usually get a hearing or trial within 2-4 months.

Unfortunately the court can only deal with the issues at your apartment (so they can issue a judgment that allows you to terminate your lease early (if you can prove the landlord lied to you); they can issue a judgment requiring the landlord to enforce trespassing laws/rules; they can issue a judgment requiring the landlord to enforce animal/dog/pet rules/restrictions). The court cannot issue a judgment that will make you whole with regard to the loss of your job.

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