Legal Advice- Barking Dog, Apartments

[Zaximus]

Well she's screwed now.  She's on record for lying to the police.  If you ever take legal action her credability is nothing now.   The appartments should really evict her after this.

[Dexterity]

I like how you had an urgent call from your landlord and police to leave work and come home, yet you took the time to post the story in the lounge first lol.

A woman making false claims to police isn't urgent. I couldn't leave work anyway, mandatory monthly meetings.

Update-

Dog still barks all fuging day. And I'm still recording it as evidence every day.

Last month I took a promotion at work that has switched me to night shift. I am working 6pm-6am Mon-Thurs. I try to sleep from 8am-4pm. I didn't get more than 30 minutes of sleep today without being awaken by the dog's yapping. It sits at a window above my room and barks at literally anything that moves. Landscapers outside, people walking upstairs, cars, etc- none of that stuff really bothers me. But the constant shrieking, yapping sound from that dog is driving me nuts. And it's starting to harm my health- I cannot work 48 hours in 4 days every week, plus workout in mornings, without getting rest.

I'm steaming mad at the moment. I'm gonna do one of two things, but I'm gonna wait and think about it tonight at work after I've cooled down.

I'm either gonna just deal with it and then refuse to pay my rent on the 1st, or be a childish dick and blast barking noises into all the ceiling vents all night while I'm at work using my wireless 7.1 surround sound.

Either way, I'm done asking politely.

[Inimicus]

dude...

 

Don't go the revenge route.

 

Buy yourself a white noise machine and maybe even some earplugs.  Use them on days after you've collected your evidence so you can get some sleep.

 

Withhold rent.

File charges.

Leave and break your lease with cause.

 

But keep it legal and on the up and up.

[cookinbrak]

You can't withhold rent. Check your lease. It'll just cost you late fees. If the dog is barking during business hours, call the office and tell them to come listen. And then ask for the regional office number. That will get more done.

[MCC]

A woman making false claims to police isn't urgent. I couldn't leave work anyway, mandatory monthly meetings.

Update-

Dog still barks all fuging day. And I'm still recording it as evidence every day.

Last month I took a promotion at work that has switched me to night shift. I am working 6pm-6am Mon-Thurs. I try to sleep from 8am-4pm. I didn't get more than 30 minutes of sleep today without being awaken by the dog's yapping. It sits at a window above my room and barks at literally anything that moves. Landscapers outside, people walking upstairs, cars, etc- none of that stuff really bothers me. But the constant shrieking, yapping sound from that dog is driving me nuts. And it's starting to harm my health- I cannot work 48 hours in 4 days every week, plus workout in mornings, without getting rest.

I'm steaming mad at the moment. I'm gonna do one of two things, but I'm gonna wait and think about it tonight at work after I've cooled down.

I'm either gonna just deal with it and then refuse to pay my rent on the 1st, or be a childish dick and blast barking noises into all the ceiling vents all night while I'm at work using my wireless 7.1 surround sound.

Either way, I'm done asking politely.

 

 

You had used the word urgent, I was just repeating.

 

Anyways, just kill their dog. 

[Dexterity]

You had used the word urgent, I was just repeating.

Anyways, just kill their dog.

Killing someone's dog because it barks is like killing someone's baby because it cries. It's not their fault the owner/parent is worthless.

[Dexterity]

You can't withhold rent. Check your lease. It'll just cost you late fees. If the dog is barking during business hours, call the office and tell them to come listen. And then ask for the regional office number. That will get more done.

I had a lawyer read over my lease agreement, as well as local noise ordinances. She said I can withhold my rent. When the property takes me to court I will win. And it's the best way to get out of my lease.

The barking dog!and the property manager's neglect to stop it is breaking the lease agreement I signed that guarantees I have a quiet and peaceful environment. Not paying my rent obviously breaks the lease, but so does all this nonsense that's been going on for weeks.

In other words, I wouldn't have to pay any court costs or late fees. I would just pay the rent I withheld then be free to terminate my lease and move.

I was advised that if I withheld my rent and told them why, they would most likely put a stop to the noise. They know they are at fault. They might not care about a tenant's complaints, but they'll care when it's costing them money.

[MCC]

Killing someone's dog because it barks is like killing someone's baby because it cries. It's not their fault the owner/parent is worthless.

 

Not the same, but was kidding. 

[KillerKat]

take the recordings of the dog barking and playing them over and over again through some big ass amplifier right at her front door

[cookinbrak]

I had a lawyer read over my lease agreement, as well as local noise ordinances. She said I can withhold my rent. When the property takes me to court I will win. And it's the best way to get out of my lease.

The barking dog!and the property manager's neglect to stop it is breaking the lease agreement I signed that guarantees I have a quiet and peaceful environment. Not paying my rent obviously breaks the lease, but so does all this nonsense that's been going on for weeks.

In other words, I wouldn't have to pay any court costs or late fees. I would just pay the rent I withheld then be free to terminate my lease and move.

I was advised that if I withheld my rent and told them why, they would most likely put a stop to the noise. They know they are at fault. They might not care about a tenant's complaints, but they'll care when it's costing them money.

 

Nowhere in your lease does it say "You can not pay rent if you have a valid reason". All that will happen is that you will be assessed late fees and evicted after 3 months. On the very slim possibility that you could find a judge to find in your favor, you would still be in violation of your lease, evicted, and it would show up on your credit report and your rental history. Not to mention that, at any given moment, if the people move or the dog disappears, you're stuck holding the bag.

 

You obviously knew the place was pet friendly when you moved in. You signed the lease and paid a deposit, and a monthly pet fee.

 

As I said, ask for the number of the regional office. That will get something done.

 

[chknwing]

just knock on the door and punch the owner in the face. 2 things will happen, they will shut the dog up or you will goto jail.  either way, you wont here the dog barking.

[Inimicus]

Nowhere in your lease does it say "You can not pay rent if you have a valid reason". All that will happen is that you will be assessed late fees and evicted after 3 months. On the very slim possibility that you could find a judge to find in your favor, you would still be in violation of your lease, evicted, and it would show up on your credit report and your rental history. Not to mention that, at any given moment, if the people move or the dog disappears, you're stuck holding the bag.

 

You obviously knew the place was pet friendly when you moved in. You signed the lease and paid a deposit, and a monthly pet fee.

 

As I said, ask for the number of the regional office. That will get something done.

 

 

This was covered on the first two pages of the thread.

 

There is an overriding covenant in the law called "Quiet Enjoyment" that is implied in all lease agreements.  It promises that the tenant will be able to occupy the property in peace with little disturbances.  Courts allow for a tenant who is not getting this to withhold rent until the issue is remedied as it is a breech of the contract.

 

 

http://legal-dictionary.thefreedictionary.com/Quiet+enjoyment

[Happy Panther]

This was covered on the first two pages of the thread.

 

There is an overriding covenant in the law called "Quiet Enjoyment" that is implied in all lease agreements.  It promises that the tenant will be able to occupy the property in peace with little disturbances.  Courts allow for a tenant who is not getting this to withhold rent until the issue is remedied as it is a breech of the contract.

 

 

http://legal-dictionary.thefreedictionary.com/Quiet+enjoyment

 

http://law.onecle.com/north-carolina/42-landlord-and-tenant/42-44.html

 

North Carolina General Statutes § 42-44 General remedies, penalties, and limitations

 

The tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so.

 

 

There is no protection in NC for a tenant to withhold rent. If he does this the landlord can eventually evict him and also hurt his credit score. A tenant can sue to get rent back.

 

Also read this.

 

http://nclandlordlaw.blogspot.com/2010/10/north-carolina-landlord-tenant-law-rent.html

 

North Carolina Landlord-Tenant Law

 

Can My Tenant Withhold Rent?

 

This question trips up landlords, attorneys and even judges from time to time.

 

The short answer is a resounding NO.

 

 

[Happy Panther]

I had a lawyer read over my lease agreement, as well as local noise ordinances. She said I can withhold my rent. When the property takes me to court I will win. And it's the best way to get out of my lease.

 

I would get a second opinion and a new lawyer.