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tisha0922 · Feb 25, 2007, 09:17 AM

I currently live in an apartment building in which at the time of signing my lease it stated that individuals were not allowed to have pets. Now I am terrified of dogs and yesterday I was almost attacked by a dog and the owner lives in the builiding.
Besides that, there is CONSTANT noise above my head from the family that lives above me. One bedroom apartment with 3 kids... go figure :confused: but the constant noise is really working my last nerve. I have called and written to the management office and the family above has quited down some, but the noise is still unbearable. Is this good enough reason to terminate my lease because I live in environment that isn't safe to me and noisey?

excon · Feb 25, 2007, 09:34 AM

Originally Posted by tisha0922

at the time of signing my lease it stated that individuals were not allowed to have pets...... Is this good enough reason to terminate my lease because I live in environment that isn't safe to me and noisey?

Hello tisha:

Noise?? Nahhh. That comes with apartment living. However, the dog thing... You betcha! But, you said above that it was "stated" not written. If that's so, then you don't have a case. If you leave, you'll be sued and you'll more than likely, lose.

If it's written, send them a letter giving your notice and the reasons. Send it certified, return receipt requested.

excon

landlord advocate · Feb 27, 2007, 03:23 PM

Details. We need more details. You say that there are no dogs allowed, but there is one living in your building. Could rules have been changed since you signed your lease? Could this dog belong to someone who is handicapped and permitted to have the dog on the property? Does the landlord know that there is a dog on the property? Noise: Your city has a noise ordinance. Call the non-emergency number at the police department or city hall and find out what it is. If the noise is made before or after those hours, you could call the police. Otherwise, there isn't much that can be done to help you. Maybe a single family home or a double with you living in the upstairs would be a choice for you, when your lease ends.

Moving out without allowing your landlord to solve the dog problem could be a costly mistake on your part. You would still be held liable for the lease agreement and therefore the rent.

IF the dog is against the tenant's lease agreement, the landlord must issue a 30 day notice of non-compliance. If the tenant does not remedy the situation within the 30 days, the landlord can then issue an eviction notice. The eviction has to come to trial and the tenant has to be given time to move. We are talking at least 45 days. If you move before then, you have not given the landlord time to solve the problem and you will most likely be held responsible for payment of your rent until the end of the lease or until the property has been rented. Hang in there. Keep in contact with the management office and make sure you know all the details.