Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I have received three complaints over the past 7-months

Customer Question
regarding my dog barking on...
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 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 8 minutes by:
9/13/2016
Real Estate Lawyer: Dwayne B., Attorney replied 1 year ago
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 34,324
Experience: Began practicing law in 1992
Verified

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 www.lawyers.com 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.

Ask Your Own Real Estate Law Question
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 34,324
34,324 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
We are renting an apartment in a new construction building,
We are renting an apartment in a new construction building, we signed an addendum regarding the fact that construction may take place in our home or around it. And since our move in Oct 6th 2017 we ha… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I agreed to rent an apartment in the state of NC for on
I agreed to rent an apartment in the state of NC for on year. Once year lease expired, signed an additional 3 month lease which ended on October 22, 2017. There after we went to a month to month lease… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,210 satisfied customers
Well, ma'am. I rented an apartment here, in Spokane from
well, ma'am. I rented an apartment here, in Spokane from Catholic Charities. This is what happened and what I need to know from you. I was in my apartment when I heard a hammer slam under the sink fro… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
My son's lease on a studio apartment expires in June 2018.
My son's lease on a studio apartment expires in June 2018. Yesterday the owner had one apartment gutted on the 2nd floor. My son, who lives on the 3rd floor, had so much dust in his apartment that he … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am about to rent an apartment that i believe was
i am about to rent an apartment that i believe was previously rent stabilized … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I currently live in apartment that had water damage in
I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
211 satisfied customers
My daughter is renting a studio apartment near the UT
My daughter is renting a studio apartment near the UT campus. She and her boyfriend decided to live together. The landlord asked him to fill out a lease application which they did. Now the landlord is… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What is "constructively evicted from our apt? DC. Our apt
Our apt mgr. allows workmen to enter our apt. without notice and the windows let cold air flow in our living room. Must take nitroglycerin to use the living room. Are these grounds to claim Constructive eviction and not pay rent this last month before we move on 1/31/2018?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My son is sharing rent at an apartment in County Kansas with
My son is sharing rent at an apartment in Johnson County Kansas with another person. The lease is up in April, but my son was told he only needed a 60 day notice to vacate and has found an apartment f… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Does an apartment co-signer have financial responsibility
Does an apartment co-signer have financial responsibility for structural damage to an apartment building, such as a fire? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have recently vacated an apartment five months before my
I have recently vacated an apartment five months before my lease was up because of an extreme bedbug infestation and unsafe living conditions, but my landlord does not want to let me out of my lease. … read more
LegalGems
LegalGems
Juris Doctorate
10,748 satisfied customers
My daughter rents an apartment in a 6 story apartment
My daughter rents an apartment in a 6 story apartment complex in Daytona Beach, FL. The roof collapse Thanksgiving night due to heavy rain and flooded a large number of apartments including hers. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My apartment was recently flooded from a sprinkler system
My apartment was recently flooded from a sprinkler system going off as a result of a fire in another unit. My apartment was flooded and resulted in two walls torn down and the floor in the entirety of… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
Is it legal for an apartment complex to charge renters an
Is it legal for an apartment complex to charge renters an HOA fee monthly in Clark County Neveda … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I have mold in my apartment and it wasn't treated properly,
I have mold in my apartment and it wasn't treated properly, am I within my rights to have the contract voided? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am listed as an occupant on an apartment lease that my
I am listed as an occupant on an apartment lease that my girlfriend is signed on, I have not signed the lease. However we took the apartment together and I paid move in monies. Now she is angry and te… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,210 satisfied customers
My daughter and 4 friends rented an apartment in August,
My daughter and 4 friends rented an apartment in August, 2017. There were 2 oil tanks that needed to be connected to each other in basement. Landlord recently had maintenance people( not sure if it wa… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If someone is living in an apartment, not on the lease and
If someone is living in an apartment, not on the lease and person on lease moves out, and person not on lease refuses to move, what are their rights? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x