My husband get woken up suddenly from the mini=pinscer's incessant barking and he has a heart condition.  The landlord won't let us out of our annual lease.We just moved in March but want to move out in June to a more quiet locale. Can he sue me or do I have a leg to stand on?
206067
ABSOLUTELY!  I went through this same situation in my first apartment I ever rented out of college.  The trick to getting out of the lease is Documentation and Proof.  Log and try to videotape (with audio) the noise and time of the barking.  By law, you're entitled to enjoyment of your premises.  This is an infringement on your right to peace & quiet.  You don't have to tolerate it, however, there is a procedure to follow to shield yourself from liability from the balance of the lease!  Check with an attorney for the correct steps to take before you leave, but with a heart condition, the landlord ought to be far more afraid of a wrongful death suit over a broken lease!  Get out of there, but make sure you have PROOF as you may have to settle it in small claims court someday, and if documented properly, you may be entitled to receive monetary compensation for inconvenience, moving costs, deposits and court costs!  All the best.
445529
I can only suggest seeing a lawyer if they do not want to let you out of the lease.  Have you given your landlord some type of documentation from your doctor stating the problem?  Depending on the time left on your lease, if it's not to long, you may be able to work out a deal with the landlord.  Good Luck KG
3959
As usual with legal-related questions on Yahoo! Answers, too little information exists to answer this question adequately.  The state you're in would be helpful.  Not posting the same question five times would be helpful.  Nevertheless, I'll answer what I can in this question, and post another question if you need more details.\n\nAt this date and time, it's getting a little too late to deal with the problems adequately.  A notarized note will not be very helpful - after all, the dispute is not about whether the house exists in that condition, but whether you or the landlord should be responsible for the cost of those conditions.\n\nTaking photographs and video is helpful, but again it only shows that damage exists, not who is responsible for it.  The video, though, may be able to show that it wasn't from your abuse of the apartment, but from natural wear and tear that the landlord refused to repair.\n\nDo you have any record of communication with the landlord?  That's the strongest piece of evidence you'll have.  You'd be able to show that you notified the landlord, or that the landlord acknowledged receipt of that request.\n\nIt's a little too late now, but you should have sent certified mailings to the landlord.  The landlord would have had to sign a card acknowledging that he received your letter, and you would have proof that he received your request.  With just 10 days to go, it's too late for that.\n\nI would carefully catalog everything that has happened, with each date you noticed the problem if possible, if the cause was natural, when you notified the landlord, and the entire history of the dispute.  Photos and video are helpful if you go to court.  A notarized statement is not very helpful.  Records of communication with your landlord are extremely helpful.  Otherwise, if you don't get the security deposit, you may simply have to go to small claims court with the recordings and hope that the judge believes your story.
259389
I had this same problem a few years ago.  I would call the office and they would tell me what I wanted to hear and then do absolutely nothing about it.  I called the police on several occasions, but it would only stop the noise temporarily.  Finally, after a very long night of noise until 4 in the morning, and after calling the office night number, and after the office manager told me she would personally come over anytime night or day and then didn't, I called the office manager the next day and asked for the phone number for the corporate offices of the apartment complex.  This got her scared enough to take action.  She knew this had been an ongoing problem, over a year, and that she had not done a thing about it and if I called the corporate offices, ie her boss, she would be in serious trouble.  The people upstairs from me were gone by the end of the week!  Call the office of your complex, ask for the office manager and tell him or her you want the number to their corporate offices, or whoever is their immediate supervisor.  Don't ask for it, DEMAND IT!  There is no reason you should have to put up with that, you pay rent and live there, too.
248642
Small Claims! Tell your landlord you need to move, may let you out of the lease. If not, leave anyway. There are still tenants there. (no damages). Evidence obviously needed. Take MANY pictures of the condition when you leave.
190024
I am pretty sure if you are legally seperated and he has vacated the house and keeps coming into it without your consent or permission, it is criminal trespass, even if his name is on the mortage. He left, you are in possession of the home. I can tell you that more than 5 unwanted phone calls in a 24 hour period is a violation of federal standards and harrassment, as is simply swearing over the phone is an FCC violation. If you go to file a harrassment suit against him, at least in the state where I live, you will have to file a restraining order. He has the right to defend himself in court, which means he can demand a court hearing and you will have to be present and prove your charges. It's not hard to do, just a pain in the butt. You need to understand that any order of protection falls under 3 categories and he will be charged with all 3. You will have to try to prove that you feel threatened and also that he is, indeed, harrassing you by definition of the law. Keep a journal of when he comes over, what he says, how you felt. Also keep a journal of phone calls and even keep messages he might leave on your answering machine with date and time. Also, keep any notes he might leave for you. If you have anyone who can, have someone check the house when you are not there or have the police come by to keep an eye on things periodically. Also, set up a video camera in case he comes by then. You can certainly file against him, but remember you have to prove the charge, otherwise it is a waste of your time and money. Best of luck to you. The only good things about divorce is that it ends.
500511
I had the same problem last year. Two really hot Marines moved in next door who thought it was socially acceptable to blair their music at 2 on a Tuesday morning. I've adopted the three strikes rule. I give verbal warning two times, just really politely go to their apartment and say, "Hey guys, I'm trying to sleep, I've got class in the morning, could you please turn it down." On the third time, I let them know that if they can't turn it down, I'm going to have to call the police for a noise violation. If that doesn't work (and it hasn't on at least two occassions), I call the police. \n\nIt seems really mean but you pay good money to live in your apartment and there's no reason why you can't expect to have quiet during normal sleeping hours (which I consider to be between 10-6).
57721
That's a breech of contract if they are not abiding by what they have in the contract. Turn the landlord in, you may have to go as far as taking them to court. \n\nBELIEVE ME, YOU CAN BET IF YOU BROKE A CONTRACT THEY WOULD BE ALL OVER YOU LIKE FLIES ON CRAP! \n\nGood luck to you.
447430
if he sues you in court show up, let a judge decided if the landlord's lease is legal,\n\nbut remember if he files against you and you do not show up he wins no questions asks
204649
I think your getting hosed. The federal government sets standards for tenants and landlords. You should have received a notice of some sort unless it states otherwise in your lease agreement. Be careful there are some really shady dealers out there and this one might be trying to slip one by you. If you have to contact a lawyer for further advice you might actually be able to find one to advise for free over the phone. Good Luck! J
479690
To be honest, you don't have any sort of lawsuit against anyone.\n\nIf you don't trust this person, then you should not use her to take care of your dog.\n\nIf you don't have anyone else who can take care of your dog, then you can get a lock for your medicine cabinet.\n\nYou can't just let it go, but you can't jump down anyones throat for doing what they thought you wanted done either.\n\nYou probably don't have the whole story.  If your dog was crying or raising hell, your neighbor probably felt like she was doing what she was supposed to do since you do entrust the care of the dog to her.  If the management knows this, thats probably why they let her in.\n\nWhat you need to do is speak to the person who let her in privately.   Don't come across like you are accusing them or blaming them for anything.  Explain that while you do allow this person access to your place to take care of your dog, you have certain things in your apartment that you secure first and that you don't want this person being let in without you knowing about it in advance.  Ask them nicely to not let her in again unless you have called them and told them it's ok.
4337
I would talk to a lawyer to discuss your options. There might be a chance the landlord is found guilty of negligence.
478474
I had the same problem. My downstairs neighbour complained constantly about my cat (my cat!) walking around... she had my landlord come and check to make sure I didn't have a large dog in the apt. I became a nervous wreck trying to tiptoe around doing my normal activities and trying to keep my cat from running around too much.  The apartment mgr. knew that it wasn't my fault but there was nothing more she could do about this complaining tenant. Eventually, I just moved out.  \n\nI am sure your normal activities seem loud to them in the apartment below, because many apartments are not solidly-made enough to muffle noise.  That is why I never would live in a ground-floor apt. if noise bothered me (which it doesn't).  You should ask your landlord if you can move into another unit, preferably on the ground floor.  They may accommodate you because they are probably tired of these other people's complaint.  Of course, the one drawback is - if you move into a ground floor apartment, the tenants above may seem noisy to you.  But - you seem sane and probably wouldn't treat anyone above you the way your downstairs neighbours are treating you.  They sound crazy and there is absolutely no dealing with them - get out before the situation escalates... Good luck!
263784
Here is the best resource out there for tenant rights in Colorado:\n\nhttp://www.hud.gov/local/co/renting/tenantrights.cfm\n\nBut chances are that the limit on dogs in that rental house is based on the lease you signed when you moved in.  I would reread your lease and see if it states in there what the maxium limit for dogs allowable is.
446445
You are right in saying that these people have a right to know the truth about this man but if it's his place than yes, he can evict you regardless of your lease or whether you pay ontime. It will help should you have to go to court over this but know that if it gets that far, as long as you can prove residency for at least thirty (30) days and you receive mail there, it will take 90 days for him to officially evict you. So you will have at least three months to find a new place. Only then will the cops come to your place and actually watch you move all your things and you leave the permisses. It can get terriably ugly so see if there isn't a way to smooth it over in the mean time. That is if you really want to stay there.
455096
I think in the UK you have to have more than one, and possibly up to three, independent complaints about domestic noise before the police will intervene and speak to the offenders.\nYou could try talking to the owner of the tenanted property to see if the occupants are in breach of the terms of the lease. Other than that, perhaps Citizens Advice may have a lawyer you can chat to about your legal options.
337926
You need to speak with a landlord/tenant attorney in your area.  I am a landlord/tenant lawyer in California and I would recommend that you counter sue.  They are violating various provisions of the ADA (Americans with Disabilities Act.)  You may even want to beat them to the punch and sue them first.  The basis of the suit would be that the landlord is violating the ADA, that as a result you have been forced to move to a place that complies with the ADA, and that you have suffered out of pocket expenses as a result.  Your damages could include increased rental costs, moving costs, etc.  \n\nIn addition, there are often hefty penalties for violating ADA requirements.  Speak with a disability lawyer in your area.  They may wish to represent you on contingency.  To find a lawyer in your area go to www.martindale.com and do a search.\n\nGood luck.