What to do if the landlords bought a dog about 6 months after I moved in?

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What to do if the landlords bought a dog about 6 months after I moved in?

For the past 2 years it has been a constant problem with the barking. I have multiple text messages about 15, as well as 6-7 emails sent about the problem. I’ve also spoken with them in person about 8 times. Finally about six months ago, they bought a barking collar but don’t use it consistently. What is my recourse? I bought an anti-bark device and deducted the cost from my rent, but it’s not working and the dog is still barking. I cannot afford to move or I would have by now because the situation is unlivable. I get woken up at 630 in the morning and the barking can go on all day, literally 8 hours straight with only 5 minute pauses here and there. I’m at my wit’s end.

Asked on September 27, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should speak with a landlord-tenant attorney. All rental properties come with an "implied covenant of quiet enjoyment"--the obligation, placed on the landlord by law, to allow tenants to use and enjoy their premises without undue disturbance. 8 hours straight barking may violate it; if violated, you may be able to seek monetary compensation for having had to live with it (which may help you move) or possibly a court order forcing the landlord to do something about the dog.


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