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My landlady lives upstairs and has a dog that barks

My landlady lives upstairs...

My landlady lives upstairs and has a dog that barks furiously very early every morning, sometimes before 6 AM, waking me up and preventing further sleep. I’ve tried to talk to her about it, but she claims I don’t have any rights and she is allowed to let her dog bark whenever. Is this true?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Massachusetts

Lawyer's Assistant: Has anything been filed or reported?

No. I’m hoping we can figure it out person to person, and I imagine if she knows what the law is she will actually do something.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not particularly

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Answered in 5 minutes by:
3/9/2018
DamienJD
DamienJD, Attorney
Category: Legal
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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A dog barking excessively is considered a nuisance.

Massachusetts law allows neighbors to make a formal complaint to the town's board of selectmen (city council) about a dog that is a nuisance because of "excessive barking." (Mass. Gen. Laws Ann. ch. 140, section 157.) The board holds a hearing and makes whatever order is necessary to stop the nuisance—including, in some cases, ordering the owner to get rid of the dog. (See Commonwealth v. Ferreri, 572 N.E.2d 585 (1991).)

Further, an action could be brought to court regarding a nuisance claim.

We can continue to discuss this if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 4 months ago
Does the law apply in this case since the barking is happening inside the building?

Yes. Neighbors can be apartment dwellers in the same building.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 5,150
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Customer reply replied 4 months ago
Thank you so much. This has been very helpful. This is exactly the information I needed.

You are welcome!

Please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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