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Legal Advice- Barking Dog, Apartments

Dexterity

By Dexterity,
in Huddle Lounge

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Inimicus Mentor

Inimicus

Posted
Posted

 

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

 

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

 

 

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

 

 

 

 

Good stuff.

 

I read all of that and the associated statutes and that all seems to refer to the general maintenance and upkeep of the property and the fixtures required by law.  It doesn't address the idea that a landlord, through their inaction, allows another tenant to deny a tenant the right to the quiet enjoyment of the premises.

 

NC General Statute 42-59.1 recognizes the covenant http://law.onecle.com/north-carolina/42-landlord-and-tenant/42-59.1.html But I cant seem to find anything that backs up the idea that you can withhold rent on that basis beyond general responses to questions in those "ask a lawyer" type forums and that's far from a definitive source.

 

 

Dunno...

 

Im no lawyer so I could be completely wrong.

 

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MadHatter Rookie

MadHatter

Posted
Posted

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

 

Take the recording of the dog barking and create a looped recording.

 

Then play it loudly on the stereo at night while he is at work and the dog owners are trying to sleep.

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cookinbrak Grand Master

cookinbrak

Posted
Posted

How many times have the police been called? We always told the residents to call the police for noise complaints after office hours. They would determine if it was an actual nuisance or just a whiner.

 

From his description of his dog and habits, it sounds like he could just as easily be evicted for noise complaints. Not to mention that most places have weight and breed restrictions for dogs.

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Dexterity Newbie

Dexterity

Posted
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Posted

Nevermind, I just re-read this whole thread. OP is in direct violation of his lease, and full of crap. He's probably been threatened to be evicted, and probably sued.

http://www.apartmentsatbirkdalevillage.com/p/apartments/pet_friendly_5383/huntersville-nc-28078/the-apartments-at-birkdale-village-5383

First, you said I would lose my deposit- I didn't even have to give a deposit. Now you're saying my 55 lb Dobermann is against my lease- which it isn't. The only breed banned here are Bull Terrior breeds/mixes & the weight limit is 75lb.

Would you like to assume anything else while you're at it?

http://m.camdenliving.com/charlotte-nc-apartments/camden-sedgebrook/Amenities.aspx

Pet Policy

We welcome your cats and dogs, up to two pets per apartment, and a full-grown, maximum combined weight limit of 75 pounds. *Breed restrictions apply. We do not permit American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, any mix of the previous breeds, or any other dog or breed deemed aggressive. See management for pet approval and deposit and fee information.

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MadHatter Rookie

MadHatter

Posted
Posted

First, you said I would lose my deposit- I didn't even have to give a deposit. Now you're saying my 55 lb Dobermann is against my lease- which it isn't. The only breed banned here are Bull Terrior breeds/mixes & the weight limit is 75lb.

Would you like to assume anything else while you're at it?

http://m.camdenliving.com/charlotte-nc-apartments/camden-sedgebrook/Amenities.aspx

Pet Policy

We welcome your cats and dogs, up to two pets per apartment, and a full-grown, maximum combined weight limit of 75 pounds. *Breed restrictions apply. We do not permit American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, any mix of the previous breeds, or any other dog or breed deemed aggressive. See management for pet approval and deposit and fee information.

 

Better be careful with how hard you push.  Dobermans are viewed as an agressive breed by many (even though we had two growing up and they were both just big babies).  The "any other dog or breed deemed agressive" my come back to bite you in the butt.

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SmokinwithWilly Grand Master

SmokinwithWilly

Posted
Posted

Better be careful with how hard you push. Dobermans are viewed as an agressive breed by many (even though we had two growing up and they were both just big babies). The "any other dog or breed deemed agressive" my come back to bite you in the butt.

If the dog was on the original app or any alteration since then, and they have taken a deposit, they are pretty well screwed for accepting the breed. My wife and I have been there with this on the losing end. From our dealings, the writer of the contract is considered the expert, and by not specifying all dangerous breeds it leaves it open to interpretation on a case by case basis for any non listed breed. All our contracts now specify which breeds are considered "dangerous."

The one thing to make sure of is that you are carrying specific insurance for your dobey. There are 12 breeds considered aggressive from insurance companies and dobeys are on the list. They could get you out for not having proper insurance and placing the complex in a liability situation.

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