Updated over 5 years ago on . Most recent reply
Tenant Dog Challenge with Neighbors
Looking for some additional perspective from the BP community.
We have a tenant who's dogs are creating an issue for the neighbors. Over the past few months, we have received multiple complaints on our tenant's dogs who continue to bark. In speaking with the city Animal Services, the dogs are not barking to the extent that a citation can be issued, however there continues to be a likelihood that things will progress to that point. The tenants have, according to them, purchased a special collar to attempt to quell the barking but that does not seem to be helping. It has escalated to the point, between our tenant and their neighbors, into quite a stressed situation with the neighbors complaining frequently and growing increasingly angry over the lack of resolution.
Clearly our Lease Agreement would give us the right to seek eviction due to violation of the "disturbing the peaceful enjoyment of your neighbors" clause and if a formal citation were to be issued, the "not breaking any local laws" clause would be as well. The tenant pays their rent on time, every month.
So here is the rub. If our tenant weren't a renter and were instead the homeowner, there is no recourse the neighbors would have for our tenant having a barking dog. The city could cite them should the barking rise to the level of violating city ordinance but at this point, that is not the case.
So given this is a neighbor issue, it doesn't seem like a tenant/landlord issue until if the city were to issue a citation, does this seem like something worth pursuing an eviction over? Clearly we would have cause given the somewhat subjective violation of the "peaceful enjoyment" clause, but it feels kind of gray without the city citation causing the more objective clause to be violated.
Love any perspective our peers can share.
Most Popular Reply
I would not evict,and you do not have a citation at this time. I would look into what else the tenants can do to keep the dogs from barking so much, especially if it is at night when people are trying to sleep, but it is the tenants responsibility to get the dogs under control.
That being said, you could decide to not renew the lease when it is up. Or for the future you could add a clause to your lease in the pet section that addresses excess barking and fines them additional fees if the city issues a citation, or however you want to word it that works for you.
Good luck