I moved into my unit 01-07. There are 98 other units, all patio homes or town homes. I comply fully with my lease, Rules & Regulations, pay my rent on time, take pride in my unit, etc. I have complained to Management in regard to meter tampering by juveniles (and was told other residents had complained previously and pointed the finger at these same teenagers), parking on the grass, and a pit bull that lives on a neighboring property that attacked my animal. I am disabled under SS criteria and cannot afford to move. I spent the very last of my savings to move here.

The Animal Addendum is the standard TAA (Texas Apt Assoc) form. It does not give a specific weight limit/requirement in writing, however, upon moving in, I was told by Management the weight limit was 20 lbs. My rat terrier was well under that. I paid a non-refundable deposit. In the lease and the Animal Addendum, it clearly states "neither you nor your guests or occupants may bring any other animal into the dwelling or apartment community." It also states "you must keep the animal on a leash and under your supervision when outside the dwelling or any private fenced area." (We have fenced patios.)

I have a friend who has a very small dog that wanted to visit. So that I would be in compliance with my lease, although the animal visits only (verbally Management told me I didn't need a deposit, but my lease said otherwise), I signed a second Animal Addendum and paid yet a second non-refundable pet deposit for that animal, the one that visits. Now, sometimes she stays with me overnight.

The problem: Approx. 12/07, my next door neighbor allowed her son, his wife, and their 3 Australian Cattle Dogs to move in with her. Management was aware of this and because it was supposed to be temporary, allowed it. Of course the animals are each over 20 lbs.

These dogs bark and interfere with any possible enjoyment of my unit or my life. Sleep or naps are always interrupted by barking. If I am around my unit, walking my animal, taking out my trash, or attempting routine every day activities, these animals bark at me.
My rat terrier has been very ill, had surgery for stones, and had difficulty urinating, and he was constantly stressed out by these animals barking. He passed early July'08. Now, I have just the other little dog when it visits.

When I first complained to Management about the barking, I was told that their being there was supposed to be temporary, not for an extended amount of time, and that she (Management) would write up a lease violation and if need be, evict the resident(s) or have Maintenance remove the dogs.

When the barking continued and I inquired again, I was told that time the couple that had moved in with the mother were moving out the end of May 08. Supposedly they could not get property financed (news I advised my Manager I really didn't want to hear), and they are still there in the unit, as are the 3 cattle dogs.

Upon further complaining due to no change in the barking, I was told that "a promise was a promise," to which I responded "a lease is a lease." Management more or less told me if I didn't like it, there was no reason for me to be unhappy, that I could move. I told them I had done nothing wrong, was a good tenant, and had no intention of going anywhere.

When paying my May 2008 rent, I told Management that I was considering getting another dog. Management now states the limit is 25 lbs. and as long as any new dog was not over 25 lbs. that it would be approved. I asked her why my next door neighbor was allowed to have 3 animals that exceeded the weight limit, to which she replied "Those animals don't weigh over 25 lbs." WHAT? Of course they do, and the AKC website confirms it.

To boot, the unit NEXT to the violators (who have the 3 cattle dogs who bark) there is yet another tenant who got a mixed breed dog from the pound. As a puppy, it was huge, obvious it would exceed the weight limit soon. It's now well over 50 lbs. (a German shepherd mix) now and they still have it. Management states she doesn't "have the heart to make them get rid of it."

Yet she denies me the same privilege (over 25 lbs.) and allows 3 large dogs who repeatedly disturb my peace and interfere with any possible enjoyment of my home.

It is obvious Management has gone back to the owners of the cattle dogs and told them I complained. Their attitude and very rude behavior toward me is indicative of a great big plate of sour grapes.

What can I do to ensure a straight across the board, fair, unbiased pet policy for all, and not selective enforcement?

Sue them

You can sue. However, a possible outcome of that is that management will change the pet policy to get rid of the weight limit, and grandfather in the current pets. If those people are paying rent, why should they want to make them move? And what end do you want.. do you want to get rid of the other dogs, or do you want to be able to adopt one that is over the weight limit?

Personally, I don't see the point of weight limits. I have a 65-pound greyhound. She is quieter and better-behaved than most of the under-20 pound dogs that I have seen. And, a general rule of thumb is that the smaller the dog is, the more energy it has, so the more exercise it needs. My grey is a much better apartment dog than a jack russell terrier, yet weight limits will keep her out of most apartments, and not the small dog.

Unfortunately, most likely I will have to file suit. I think I need to send notice of the continued problem in writing, certified. Seven months+ does not constitute “temporary”. The mother is paying the rent, I don't even think the son/wife are on the lease. Nor have they done as other tenants, submitted application or had a background check.

The weight limit is not in writing, and I'm unsure if verbally advisement of "20" then "25" lb. limit is binding. That suggests to me Management might be inclined to do as you stated, grandfather them in. However, I was verbally assured upon moving in larger dogs were not allowed.

I've nothing against large dogs, and raised Boxers throughout my life. I've owned a Great Dane with the grace of Athena. That being said, I firmly believe there are NO bad dogs, only bad owners. Basic obedience and discipline are a necessity. In apts. people come and go, lots of cars, children, activity. These dogs should not be barking at any of this.

Jacks are hyper by breed. As with any dog, they have to learn acceptable and non-acceptable behavior. Tearing up a rug isn't acceptable, jumping like a jackrabbit, nor is barking, etc. A small unhappy dog can be equally as destructive as a large one. Constant barking is equally as offensive no matter the source.

The cattle dogs, by breed, need exercise, and will become agitated, adopt bad habits (barking) and act aggressively. To even expect them to live restricted to such a small space, is not humane. They are never walked or otherwise exercised. The smell from their confined space is horrible. City code allows up to 5 animals per household within our city limits.

Who's to say whether the existing stress hastened my rat terrier's demise, he was old and sick, but I can assure you, it didn't make his last weeks very pleasant. Thank you for your responses.