Neighbor Purportedly Suing Me for Tenant's Barking Dog/Parties

Neighbor Purportedly Suing Me for Tenant's Barking Dog/Parties

Dallas, TX · Member since 2015 · 59 posts · 10 votes

The neighbor who lives next to my rental home has threatened to sue me because he alleges my tenant has not responded adequately to his requests that she quiet or remove her barking dog. He also complains that she holds loud parties at night.

Pure color commentary: He also seeks to shame me for “maximizing the value of my property” by not evicting such an inconsiderate tenant on the basis that the dog was not registered on the lease. He also asserts that I am unethical as I “aggressively seek out tenants with loud barking dogs” (perhaps 2 of my 5 tenants in a dozen years have had barking dogs). In essence, he blames me personally for depriving him of quiet enjoyment of his property and forcing him to sleep in the kitchen with fans and air filtration devices on full blast so that he can block out the noise.

He previously asked me to furnish my tenant’s personal data so he could investigate and possibly sue her, which I declined to do. That was some two months ago. Other than to request that my tenant communicate with him to mend fences I have stayed out of the matter. 

I was unaware that the situation had supposedly persisted until now. The neighbor appears to have evidence of some barking and party noise on video to attempt to substantiate his claims.

Normally, aggrieved residents could call Animal Control or the Police to deal with noise issues. (Indeed, this neighbor previously did call Animal Control and had another tenant’s dog temporarily removed based on similar facts several years ago.) But this time he seems to want me to handle the issue directly by evicting the tenant, at the cost of some 6 months of rent (the house cannot be re-rented easily as it is under contract to be sold on an indefinite time frame).

I posed a related question before but the lawsuit dimension has brought the matter into sharper focus. 

Would appreciate any advice as to whether the neighbor has any remote basis for bringing a lawsuit against me as the landlord? 

0Reply
231 views

Most Popular Reply

Rental Property Investor · La Quinta, CA · Member since 2014 · 1k+ posts · 779 votes
10y

       Personally, I think you are in "ignore this person entirely, until they actually file suit" territory.  I wouldn't bother consulting an attorney until they actually take action.  I suspect they never will.  And I am not sure how consulting an attorney at this stage would benefit you.

      I'm not sure how the neighbor got your info to contact you directly, but I would seek to prevent that from happening again if you can.

See this reply in the discussion

51 Replies

Jump to latestLatest
  • Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes
    10y

    @Gunnar F.,

    You're into "ask your attorney" territory here. These issues are likely to be local and the attorney can provide a very specific answer tailored to your (property's) location.

    David J Dachtera

  • Dallas, TX · Member since 2015 · 59 posts · 10 votes
    10y

    Thanks much, David.

  • Rental Property Investor · La Quinta, CA · Member since 2014 · 1k+ posts · 779 votes
    10y

           Personally, I think you are in "ignore this person entirely, until they actually file suit" territory.  I wouldn't bother consulting an attorney until they actually take action.  I suspect they never will.  And I am not sure how consulting an attorney at this stage would benefit you.

          I'm not sure how the neighbor got your info to contact you directly, but I would seek to prevent that from happening again if you can.

  • Dallas, TX · Member since 2015 · 59 posts · 10 votes
    10y

    Appreciate this also, John. I will try to manage it accordingly. There is certainly some saber-rattling involved given the limited recourse available to such a person, even if you charitably assume that he could prove the nuisance sufficiently with adequate documentation. Not to mention that he puts his claim in a bizarre posture by refusing to contact the authorities through the normal channels. Still, I appreciate the advice on this forum as a sanity check. Thanks again.

  • Investor · Coeur d'Alene, ID · Member since 2016 · 551 posts · 218 votes
    10y

    Talk to your tenant and let them know you are recieving complaints from a neighbor/s and maybe they can remedy the situation. I wouldn't let my tenants have a dog that constanly barks desturbing other people. I wouldn't evict though either, just let the tenant know you are not happy with the whole situation and there could be issues headed their way. Don't ignore this, it will only cause problems for you later.

  • Cleveland, OH · Member since 2016 · 62 posts · 68 votes
    10y

    I agree with Mike...noise pollution is something the neighbors didn't sign up for and i think it's important to address the issue.

  • Dallas, TX · Member since 2015 · 59 posts · 10 votes
    10y

    Thanks, Mike and Andrew. I certainly have reached out to the tenant urgently requesting that she communicate with her neighbor and confirm acknowledgement of the request. 

  • Lowell, MA · Member since 2014 · 260 posts · 99 votes
    10y
    It sounds to me like you put your head in the sand on the issue. It's your responsibility to ensure your neighbors have peaceful relaxation of their home and you failed to do this. You are the owner of this property and it's your responsibility to the community at large to make it a peaceful environment. Your neighbor has every right to complain directly to you. It doesn't seem to bother you at all that your tenant has loud parties and a constantly barking dog. I would be on my tenant so fast it would make your head spin. If I was your neighbor I would be knocking on your door
  • Rental Property Investor · La Quinta, CA · Member since 2014 · 1k+ posts · 779 votes
    10y

             Interesting.  A number of opinions stating it is the property owner's responsibility to ensure that one's tenant does not bother neighbors via noise.  I am of the opinion that not only is it not the property owners responsibility, it just doesn't make sense that the property owner would be the arbiter with regards to what noise is and isn't acceptable from a tenant.

            If too strict, one is violating tenant rights.  If not strict enough, one is violating neighbors rights?  Doesn't sound right to me.  This is not for the property owner to decide, this is for local law enforcement to to decide.

            If someone can cite law stating a property owner has a legal responsibility, to govern his tenant, such that neighbors are provided the quite use of their property, I'd love to see it.

          Personally, I would be more worried about the legal liability of governing a tenant, then not.

  • Real Estate Agent · Odenton, MD · Member since 2016 · 35 posts · 5 votes
    10y

    Where I live,  my houses are located in neighborhoods with homeowner associations.  (Mainly townhouses. .)  The property owner could very well be responsible ...and should take responsibility. 

    We should do the right thing for all.. tenant,  neighborhood, and property.

    Obviously the tenant had little regard,  and in the neighbors frustration is bringing this to your attention.   He obviously believes you don't care,  hence threatening to make you care.  People normally don't take the time to threaten to sure unless they are very very annoyed and bothered to a greater degree. 

    If a pet was not partof the lease agreement,  demand the pet be removed.   Tenant obviously didn't pay pet deposit.

    A rowdy dog + partying tenant with no regard for neighbors will = no regard for proproperty damage. 

    Though,  not sure how neighbor found it a dog was not included in the lease. ..

  • Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    10y

    Im going with @John D. on this one.

    Not your problem.

    Do out of state landlords monitor their properties for noise violations from hundreds of miles away?

    Let your neighbor file a noise complaint and take this through the proper channels.

    How does the neighbor know the licensing status of the animal and other terms of the lease?

    Also you haven't received any court papers (and probably never will).

    They have no case against you, especially since they haven't made any attempts to deal with the problem directly.

  • Dallas, TX · Member since 2015 · 59 posts · 10 votes
    10y

    I appreciate all of the various opinions. 

    @Robert Nason intuits that "It doesn't seem to bother you at all that your tenant has loud parties and a constantly barking dog." I did not include the complete history of the matter but as I explain in the chain above I have reached out to the tenant to seek her cooperation in communicating with the neighbor about his allegations. The issue I am exploring is not my feelings about alleged bad behavior but my legitimate responsibility. As @John D. notes, there are competing rights at hand. 

    Another wrinkle is that I reside faaaar abroad so I am not in a position to be an onsite arbiter of this matter even if certain members of the forum would conclude that I am responsible to solve the problems between my tenant and her neighbors despite the existence of specific City authorities who handle these problems professionally, safely and impartially, for a living.

    @Christina Yoon the neighbor raised the matter to my attention a couple of months back. I communicated urgently to my tenant and she promised to handle the issue personally. My neighbor then went quiet for two months then out of nowhere has now threatened to sue me (probably a toothless threat but I do take it and the underlying issue seriously). So the neighbor had provided insufficient notice of the ongoing nature of the issue to me -- plus has failed to take reasonable self-help measures. My neighbor has specifically mentioned that he does not want to call the Police in regard to the parties because he doesn't want to be "uncool." Um... okay.

    As to the lease... the tenant listed an essentially barkless Whippet on the lease and paid a deposit. The barking dog, she asserts, is a visiting animal belonging to her boyfriend. Her position is that it does not bark much and thus cannot be said to represent a nuisance. So she disputes that this animal needs to be registered on the lease any more than a person who visits for a short stint. My neighbor obviously disagrees and disputes all of those facts. 

    If I seek to evict my tenant she would resist. If I could actually manage to evict her the my reward
    -- apart from putting a big smile on my neighbor's face -- would be losing at least 40K in rent (which I could not replace as the house will likely be sold at or near the end of the lease term). The tenant might also entertain legal action of her own for moving expenses and other costs if I push her in a direction not to her liking. She is wealthy and has a lawyer write letters to me whenever she wants something rectified.

    As to the questions about how my neighbor knows about the lease terms... We were once friendly. So I disclosed to him that she had a Whippet registered when this first came up. He deduced that the other dog was not supposed to reside there. But this is surpassingly irrelevant as I have no duty to anyone but myself to enforce the terms of my lease and I am free to amend those terms to make them more permissive at any moment.

    Under these facts I don't think the case is susceptible of a neat solution.

  • Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    10y

    Just in passing...I once owned a Whippet (as well as 3 rescued retired racing greyhounds).  Airy was certainly not a "barkless Whippet" by any stretch of the imagination.  Being a small dog she's bark at pretty much anything.  I'd take the 3 greyhounds over her in terms of the quiet factor any day.


    Gail

  • Dallas, TX · Member since 2015 · 59 posts · 10 votes
    10y

    Thanks, Gail. The Whippet is quiet as a church mouse in this rare case. 

  • Investor · Dublin, CA · Member since 2015 · 70 posts · 24 votes
    10y

    I have personally been on "the other side of the fence" on this one and can greatly sympathize with the neighbor. The house next door to me had a pitbull that would bark incessantly from 9pm-7am every night basically right outside my bedroom window. It was the most miserable 9 months of home ownership. I literally felt like I was going insane. The neighbors basically ignored all requests to keep the noise down and multiple calls to the city and complaints to animal control did not yield any results. Eventually they wound up getting evicted and abandoning all of their stuff in the middle of the night.

    While from a landlord prospective you may not feel the need to interject, I would strongly suggest having a good conversation with your tenant for the sake of the sanity of the neighbor. 

    Best,

    Dustin Bowen

  • Dallas, TX · Member since 2015 · 59 posts · 10 votes
    10y

    Thanks, @Dustin Bowen. Yes, I also sympathize, and as you can see from my penultimate contribution in this thread I am not well-situated to fix this.

  • Investor · Dublin, CA · Member since 2015 · 70 posts · 24 votes
    10y

    @Gunnar F. Just saw your last post that had a bit more detail about your current position. I'd say that you've handled the whole thing admirably considering the situation. Good luck with everything. Hope it works out

    Dustin

  • Dallas, TX · Member since 2015 · 59 posts · 10 votes
    10y

    Appreciate that, @Dustin Bowen. It is a terrible situation for the neighbor if you take him at his word. 

  • Investor · IN · Member since 2012 · 263 posts · 168 votes
    10y

    @Gunnar F.- Have you called Animal Control or Police to find out if she has called them, and if so.... How many times? They should have a record of if/when they were called and what their response was. Having video of a dog barking doesn't matter much as all dogs bark. Have a video of a party doesn't matter also as your tenants have a right to have parties at the residence as long as nothing illegal is occurring and they aren't breaking any laws such as curfew, etc.

    I have a neighbor next to one of my rentals who calls persistently to complain. One night she called to complain they were having a 'rager' party.  I went there only to find 4 people sitting outside listening to the radio (and radio was NOT that loud).... So.. Is the neighbor just doing this to get attention or doesn't like your tenants? 

    You could ask the 'neighbor' to call you when this is occurring and if you live nearby can take a ride over to truly see what's going on. By doing this, if they were to try and sue you, you can state that you were personally there and witnessed xxxxxxxx (nothing going on). If there is a problem, you can say you were there and tried to  alleviate the problem. That would show you were attempting something rather than ignoring the situation.

  • Dallas, TX · Member since 2015 · 59 posts · 10 votes
    10y

    Thanks much, @Jim C.. I hear you. The reality is I live over 9,000 miles away.

  • Rental Property Investor · Portland, OR · Member since 2015 · 338 posts · 332 votes
    10y

    First, I'll say that I'm a bleeding heart dog person.

    Second, why not just ban the boyfriend's dog? It's not on the lease. You have the right to do that. The dog and the boyfriend are guests of your tenant, and so by extension, your tenant is responsible for their actions. And in most states, you have the right to evict if your tenant is a nuisance to the neighborhood. 

    Don't let your worry over potential lost income take precedence over your responsibility to the neighborhood. The money will sort itself out. You can always offer a new tenant low rent in exchange for keeping things tidy and opening up the house for showings with a 2 hour notice. That may well prove to be a more fruitful proposition than trying to sell a house with an uncooperative tenant, and dog hair.

  • Dallas, TX · Member since 2015 · 59 posts · 10 votes
    10y

    Thanks, @Account Closed. 

    The nuisance allegation is a question of fact. I live abroad. I cannot purport to gauge the decibel level of frequency of the alleged barking/partying. I am somewhat inclined to believe the neighbor but the tenant flatly denies any issue and suggests that the neighbor is unreasonable and exaggerates the issue. (The neighbor and the tenant are both hostile to me as well as to each other.) I am not a judge, a police officer, or a dog-catcher. If I act like any of those based on the facts in this chain I risk incurring liability well beyond the substantial lost rent at jeopardy. Incidentally, I doubt many landlords would remain in the business were they burdened by the level of responsibility for tenant behavior you suggest to be appropriate. Usually this is self-regulating: we screen tenants to identify financially responsible persons and this group of people tend to behave otherwise responsibly. 

    This is an interesting case tactically...

    The house is scheduled to be sold in six months and demolished thereafter on an uncertain time frame, perhaps almost immediately or maybe six months later (during which I have the right to benefit from any ongoing rental proceeds). So by the time I get the tenant out there would be four months left in the lease term. Plus I would need a month to conduct make-ready activities. Then I have to find someone willing to rent for two months who would be willing to vacate on short notice upon receiving notice that the house is to be demolished. 

    I would certainly like to earn a star in heaven by marching in and evicting my tenant at a manageable cost. But I am pretty sure she would sue me. 

  • Investor · Spring, TX · Member since 2015 · 126 posts · 38 votes
    10y
    Gunnar F. Are you using the Texas Assoc of Realtors lease and Pet Addendum? If so, it clearly states any unauthorized pet is a breach of the lease.
  • Dallas, TX · Member since 2015 · 59 posts · 10 votes
    10y

    Yes I am, @Steven Anderson. Not sure if that means I could claim that no unregistered animal is allowed on the property for any length of time. I will check the language as an academic matter. In reality, I do not wish to evict her given that is fraught with peril. I want her to remain a tenant without creating an arguable nuisance.

  • Dallas, TX · Member since 2015 · 59 posts · 10 votes
    10y

    @Steven Anderson the form is ambiguous and refers to "keeping" a pet on the property, whatever that means.

    This fuzziness may aim at preventing landlords from claiming a material breach based on an unregistered companion animal temporarily occupying the property for a reasonable period. Interesting that the form uses a defined term "Pet" apparently to reference registered animals. But then it universally fails to use the capitalized defined term "Pet" in setting forth the rules. 

    The reliance on the undefined term "pet" arguably operates to expand liability to the tenant for any animal brought on the property by or with the permission of the tenant for any period of time. This would tend to track invitee law in most jurisdictions, I am guessing.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.