Neighbor is complaining about my Tenant's Dog Barking
Midlothian, VA · Member since 2015 · 11 posts · 5 votes
My tenant has a dog that they keep in a large pen in the large side lot to our rental property. The neighbors in the house that borders the side lot are complaining that their dog "barks all night and causes our dogs to bark as well." Since my tenants moved in a few months ago, they have had several issues with the neighbor (all the neighbor's fault) over dog issues. The complaints did not start until my neighbor had an argument with the tenants over said dog issues. None of the other neighbors have complained and the other neighbors I am still in contact with said they haven't noticed any excessive dog barking.
Current tenants pay the rent on time, maintain the property, and have not received any complaints from others around them. This feels like a neighbor issue moreso than a tenant issue. How would you handle this? Ask my tenants if they can keep an eye on the dog barking and leave it at that?
Chris, I think I would do a little fact finding (and it seems you have) and even think about thanking the neighbor for the input and letting them know you will be looking into it...I like to try and diagnose if it is an issue conflict, like really a noise problems, or a personal conflict, like the two don't like each other.. Issue conflicts I try to find solutions for if possible. The personal conflicts not so much (can't make people like each other or even get along). I think I would go your route and nicely ask my tenant about it and just monitor it from there. I could go on about later scenarios, escalation, etc... Message me if you have specific questions or ideas and developments....best of luck
Yep. Just make sure its not really an issue. I would also maybe have the neighbors you talk to send you that in an email so you have it in writing.
If they are not breaking any laws and especially if no other neighbor complains (and they are close enough to be bothered by a barking dog) I think it sounds like your tenant is not at fault here. If they are good tenants otherwise then I'm not sure you should even worry about it (other than the hassle your tenants might face for having irritable neighbors)
If they are within the law and adhering to the lease, forget it. If they are in any violation of city or county code, that is not your deparment:) You would let the city government handle it. Otherwise, it sounds like a personal issue between neighbors and your job is not referee.:)
You may wish to consult local ordinances to determine if there are any violations. For a review of such ordinances, you should consult a licensed, local attorney. Since you are not in NOVA, you are less likely to worry about such ordinances. However, I am unfamiliar with local Richmond ordinances.
Chris, I think I would do a little fact finding (and it seems you have) and even think about thanking the neighbor for the input and letting them know you will be looking into it...I like to try and diagnose if it is an issue conflict, like really a noise problems, or a personal conflict, like the two don't like each other.. Issue conflicts I try to find solutions for if possible. The personal conflicts not so much (can't make people like each other or even get along). I think I would go your route and nicely ask my tenant about it and just monitor it from there. I could go on about later scenarios, escalation, etc... Message me if you have specific questions or ideas and developments....best of luck
Thank you everyone for your advice. I'm just going to nicely tell the tenant to keep an eye(ear) on their dog's barking to make sure he isn't barking too much. In addition, I'm going to put up a small section of fence that should solve the issue of the neighbor trying to use the yard for their dog.
For anyone curious. I found the following county ordinance on animal noise for Stafford County, VA:
"(7) Allowing any animal or bird to create noise that it is plainly audible at least once a minute for ten (10) consecutive minutes:
a. Inside the confines of the dwelling unit, house, or apartment of another person; or
b. At a distance of fifty (50) feet or more from the animal or bird.
This subsection shall not apply to any animal or bird that is part of an active agricultural operation."
Thank you everyone for your advice. I'm just going to nicely tell the tenant to keep an eye(ear) on their dog's barking to make sure he isn't barking too much. In addition, I'm going to put up a small section of fence that should solve the issue of the neighbor trying to use the yard for their dog.
For anyone curious. I found the following county ordinance on animal noise for Stafford County, VA:
"(7) Allowing any animal or bird to create noise that it is plainly audible at least once a minute for ten (10) consecutive minutes:
a. Inside the confines of the dwelling unit, house, or apartment of another person; or
b. At a distance of fifty (50) feet or more from the animal or bird.
This subsection shall not apply to any animal or bird that is part of an active agricultural operation."
good fences make good neighbors (Frost)! and I used a similar tactic to help two of my own fourplex tenants with dogs get along, by cutting the back yard down the middle with a fence. good idea...on a barking dog issue I had (it was in the unit, however) we went with a television on all day at normal conversation level... now the dog does not bark at every voice or car. best of luck...
Is the neighbor a homeowner? If so, you and your future tenants may have to deal with them for a long time. I suspect it is the neighbor who is at fault but I would (and have) still reached out to a neighbor in a similar situation. When I have done so I never disparaged my tenant or divulged any information about them. I simply feigned sympathy with the neighbor and explained that I believed the tenant will be a good neighbor. I thank the neighbor for their concern but explain that the tenant has the right to use the property and I can't interfere that. I encourage the neighbor to file a police report if the situation doesn't improve. I think I had one neighbor who actually filed a report on one of my tenants for something like this. The police essentially told them that they weren't going to do anything about it and not to bother them. My relationship with both the tenant and the neighbor (who I still think is a jerk) improved. Everyone thought I was on their side.
A landlord is not a referee , and not responsible for the tenants actions . If it was another homeowner instead of a tenant what would they do ?
inform said tenant that you have received a complaint about said dog and suggest a bark collar as a possible solution to a cranky neighbor
I have a similar case. Wealthy tenant pays huge rent like clockwork and doesn't bother me (though she is utterly non-communicative and clearly does not like me or my property manager and avoids all contact with us).
But there are other dimensions that [seem to] compel me to take a proactive approach. There are potential liability issues around the dog [I think]. And the neighbor appears to be objectively correct about the noise issues.
I was about to pull the trigger on the letter below and would appreciate your collective thoughts....
**************************
Heather:
Doberman
I have now been informed that the barking Doberman you indicated had been removed has remained at the house in violation of the lease. Please remove the dog from the house right away. Your neighbor, Paul Smith, has been repeatedly awakened by this dog’s barking in the early morning hours (roughly around 2 am). He alerts me that he is prepared to contact Animal Control. This breed of dog creates an unacceptable liability in any case and cannot remain in the house under any circumstances. I try to accommodate my tenants as best I can but I have had liability concerns with large-breed dogs as a landlord and the barking is only one dimension of the problem.
Loud gatherings
As a general matter, I would also request that house guests attending outdoor gatherings at the home please refrain from making undue noise at late hours. It is a wonderful home for parties but these events should quiet down by 10 p.m. I have received numerous recordings from Paul documenting the noise from the parties (and from the barking dog) and the situation is intolerable for him. He mentioned that he is now literally sleeping in his kitchen to ensure he gets some rest. Paul has sought you out to discuss this but has not managed to contact you. In the interest of good neighborly relations may I please recommend you communicate with him and reach an understanding: [Paul's email].
There is a school of thought that suggests that I not intervene in such cases but I feel I owe a duty to other residents and would prefer to head off any escalation if I can do so.
Additional resident(s)
Additionally, if there are other residents at the house this is also in violation of our lease. This is not an issue in principle but I would ask that your agent prepare a suitable amendment so we may bring any such persons under the lease.
I regret the nature of this communication and value your tenancy enormously. I can assure you that I would not reach out to you in this way if these were not serious issues. Please acknowledge your understanding and confirm that you will comply with the terms of the lease. Thank you for your immediate attention to these matters. (Copying our respective agents as I did not receive a response after my last efforts to reach out to you.)
Sincerely,
Landlord
The more I ponder this the more I feel I should allow the neighbors to work it out, one way or another. I actually like both of them a great deal. And I am not sure my further involvement benefits me -- or them. If my neighbor is forced to call Animal Control the dog will be removed in any case. I am not concerned about the other issues from a landlord standpoint -- though this alleged behavior by my tenant is regrettable.
I ask why is the neighbor not writing the letter and calling the police and animal control? For the noise I would have told them to do so.
I suggest that you send a lease violation form (at least our state has those). It is a very formal notice and not so friendly as your letter. I would not include he said /she said details or where the neighbor is sleeping. List on the violation the Doberman and the loud gatherings, you don't need to name names just say that there were reports and refer them to the text of local noise ordinance. If you have photographic evidence of the dog on the premises mention it or include it. dog needs to be remedied in x days. If you have noticed I would say 24 hours? This might be a cure or quit notice in your area and lets them know that you will evict if they don't remedy. (on the second violation our lease says we can evict but this notice usually works)
Attach a note to the violation and let them know that people have now been instructed to call the police if noise violations occur as they have not been able to reach the tenant. Suggest the tenant could avoid by talking with the neighbor. I would leave additional residents out of this notice myself but I don't know the background on that point.
Don't apologize for sending it you told them to get rid of the dog and they didn't. This is serious and you may need to evict them, set a good professional foundation. I usually send registered mail and leave on door.
Oh and if the reason you are posting is because the neighbor is texting or calling you in the night you need to address this sooner rather then later because if they are that loud the neighbor should already be calling the police and not you.
Solid advice, Colleen. I actually have NO desire to evict them at this point. I just want them to cure -- not quit. (Tenants able to afford the rent are not easy to come by.) The situation is complicated as I am out of the country on assignment (which means the furious texts have been mid-day for me).
I think I will probably just notice the dog issue and omit most of the rest -- and the color commentary -- setting aside my compulsion to make everything interesting.
Keep in mind that the notice is just that a notice. I hope you won't have to evict too but you have to let them know you would if you had to. Sensing a hesitation on your part will make them unconcerned about pushing limits. Hopefully a formal notice will wake them up.
As for the neighbor I had a tenant like this complaining about another tenant. Sometime if you told them to call the police you just need ignore it for a bit. For example if they send the same complaint two -three texts in a row, they aren't hearing your response.
@Gunnar F. I see you have jumped onto the thread @Chris MacCary started with a situation of your own. First seek out information of what your tenant is doing - barking unauthorized dog, loud parties, unauthorized occupants - all serious breaches of the lease. I think your letter approach is fine, if in tandem with formal legal notices.
Since you are out of the country, you need to work harder with your PM and perhaps get some more "boots on the ground" to see what is really going on at your rental property. Paying rent is only one responsibility that a tenant must uphold. If I had a tenant that was "utterly non-communicative and clearly does not like me or my property manager and avoids all contact with us", I would be looking for a new tenant.
I would also make amends with the neighbor for the trouble they face because of the tenant you or your PM selected. Also, leave the neighbor's name and contact information out of the letter. If your tenant is avoiding you and your PM and is non-communicative with the two of you, fat chance they will amicably communicate with the neighbor who notified you and your PM about what is going on. You don't want to be a part of a bigger problem if the tenant were to escalate or retaliate against the neighbor.
Lastly, whenever a tenant seriously violates the lease, it is a good idea to do a "maintenance inspection" of the premises. I have found over the years when a tenant is breaking one rule, they often are breaking other rules. While your PM or other designated representative is doing the inspection, have them keep an eye out for other lease violations. Rule breakers make bad tenants, regardless if they pay rent on time or not. I suspect this is just the tip of the iceberg of problems you will have with this tenant. There are likely damages to your property by now. If there are damages, charge the tenant as you discover them. Don't wait until the end of tenancy to recover money from the security deposit because if you do, you will find the security deposit is rarely enough. Good luck.
This is a disagreement between 2 adults and in my mind has zero to do with you.
Stay out of it would be my advice unless you want to play intermediary between two dog owners who are not grown up enough to solve this problem on their own.
Once you open the door to solving issues that have nothing to do with you, you open the door to being a sounding board for everything else in their lives. Parking issues that may come up, arguments between kids, etc.. Not worth it in my opinion.
If it gets to the point where laws are broken have them call the cops.
Thanks, Marcia. I did not want to start a new discussion on the identical topic -- hope this was not a breach of protocol here as I was actually trying to honor protocol as set forth in other forums.
As I live out of town and finding a tenant for this kind of high-end property can be challenging (sometimes there are dozens of interested folks and sometimes barely a handful) I am not excited about trying to identify another.
I was only going to include my complaining neighbor's contact info -- at his request. Agree it is not a good idea to divulge the tenant's info.
My selection of the tenant was not premised on their housing a large dog. But I admit that at a certain point I might take a tenant with a T-Rex, depending on bleak my prospect pool looks.
Your other advice is also certainly sound. Thanks.
I was listening to a podcast yesterday that mentioned barking dogs. They said it was a neighbor/tenant issue.
Your situation though includes lease violations. I would personally go with the notice suggested. The letter seems long winded, acknowledges liability (in any other situation that's a no no) and seems pointless since you've said the tenant is non communicative anyway.
I'm hearing from you that despite three lease violations because they're paying rent you still consider them a good tenant. Maybe a rethink on how you view them would help you decide on what to do.