What is the name of your state (only U.S. law)? California
(this is long, I apologize, but greatly need advice/help)
Hello. I am a tenant in San Francisco. I moved into my current apartment June 1st, and probably starting about a month later there has been a dark that barks CONSTANTLY. This stupid thing will bark for hours at a time (3-4hrs) and it is usually in the morning at about 7am or 8am. It barks other times of the day as well, but this is the most noticeable.
I am woken up every single morning by this dog (even on the weekends when I would like to sleep in) and I can't take it anymore. When it first started barking I tried to talk to the owner, but they never answered their door. I left a note for them telling them to please do something about their dog, that it is bothering me and probably others, and it is rude (on the note I never left my name or apt #). Well the barking continued. I then contacted my apartment complex. They said they would "talk to the owner" and "see what they could do" blah blah.
A few days later I get a knock on my door. I don't answer but speak to the guy from inside my apartment and it was the owner of the dog! He was like "we are trying to train the dog, I'm sorry" etc. etc. I was BEYOND livid at this point because since he was at my door that meant my apartment management company told him where the complaint came from/where I lived. I have no idea if this is against any specific CA laws, but it has to be. There has to be some type of confidentiality laws regarding such things. For all I know this guy could follow me and try to harm me since he now knows where I live.
Well the barking continued and about a month ago I complained AGAIN (after other continued complaints) to my apartment complex (through email). I told them I am sick of this and that it needs to stop. I told them this is a violation of lease terms on the dog owners part as it specifically says in my lease "tenant shall not make or permit any noise, or engage in or permit any other conduct which disturbs or offends residents or neighbors." It also says "Failure to comply with the rules will constitute a material breach of the Tenancy agreement and may constitute a just cause for eviction." By the way, I am almost positive the dog owner signed the same lease as he moved in about a month after me.
In response to my email, the guy who emailed me back pretty much said there is nothing they can do until other people complain. What the hell? I told him that is outrageous and nowhere in the lease does it state that a certain number of people need to complain before action has to be taken. He went around in circles with me and told me if it bothers other people then I should collect names and signatures from people in the building. I told him this is not my job as I do not work for the apartment complex, and once again, nowhere in the lease does it state a certain number of names and signatures be required. I said some other things to him, similar to that, and since then have not heard back. Also since then, I know for a fact that other people have complained.
It is obvious my apartment company is not going to follow the terms of the lease and do something about this problem. It is going on as I am typing this. In fact I have been up since 8am (on a Sunday) because of this f-ing dog. I contacted the SF rent board, and they said they can't really do anything about the dog specifically, but that I can petition to have a decrease in my rent due to failure of my apartment company to resolve the issue/abide by the lease. I have printed out the proper paperwork and plan on submitting it. I guess from there a judge hears the case.
So with that in mind I would like to know what I am up against. Is my apartment company in the wrong? There's no way this can be "legal." Am I just supposed to live in discomfort and continue to be constantly woken up? There also HAS to be some type of law about them breaching my confidentiality. Any help/insight would be greatly appreciated, thanks!
(this is long, I apologize, but greatly need advice/help)
Hello. I am a tenant in San Francisco. I moved into my current apartment June 1st, and probably starting about a month later there has been a dark that barks CONSTANTLY. This stupid thing will bark for hours at a time (3-4hrs) and it is usually in the morning at about 7am or 8am. It barks other times of the day as well, but this is the most noticeable.
I am woken up every single morning by this dog (even on the weekends when I would like to sleep in) and I can't take it anymore. When it first started barking I tried to talk to the owner, but they never answered their door. I left a note for them telling them to please do something about their dog, that it is bothering me and probably others, and it is rude (on the note I never left my name or apt #). Well the barking continued. I then contacted my apartment complex. They said they would "talk to the owner" and "see what they could do" blah blah.
A few days later I get a knock on my door. I don't answer but speak to the guy from inside my apartment and it was the owner of the dog! He was like "we are trying to train the dog, I'm sorry" etc. etc. I was BEYOND livid at this point because since he was at my door that meant my apartment management company told him where the complaint came from/where I lived. I have no idea if this is against any specific CA laws, but it has to be. There has to be some type of confidentiality laws regarding such things. For all I know this guy could follow me and try to harm me since he now knows where I live.
Well the barking continued and about a month ago I complained AGAIN (after other continued complaints) to my apartment complex (through email). I told them I am sick of this and that it needs to stop. I told them this is a violation of lease terms on the dog owners part as it specifically says in my lease "tenant shall not make or permit any noise, or engage in or permit any other conduct which disturbs or offends residents or neighbors." It also says "Failure to comply with the rules will constitute a material breach of the Tenancy agreement and may constitute a just cause for eviction." By the way, I am almost positive the dog owner signed the same lease as he moved in about a month after me.
In response to my email, the guy who emailed me back pretty much said there is nothing they can do until other people complain. What the hell? I told him that is outrageous and nowhere in the lease does it state that a certain number of people need to complain before action has to be taken. He went around in circles with me and told me if it bothers other people then I should collect names and signatures from people in the building. I told him this is not my job as I do not work for the apartment complex, and once again, nowhere in the lease does it state a certain number of names and signatures be required. I said some other things to him, similar to that, and since then have not heard back. Also since then, I know for a fact that other people have complained.
It is obvious my apartment company is not going to follow the terms of the lease and do something about this problem. It is going on as I am typing this. In fact I have been up since 8am (on a Sunday) because of this f-ing dog. I contacted the SF rent board, and they said they can't really do anything about the dog specifically, but that I can petition to have a decrease in my rent due to failure of my apartment company to resolve the issue/abide by the lease. I have printed out the proper paperwork and plan on submitting it. I guess from there a judge hears the case.
So with that in mind I would like to know what I am up against. Is my apartment company in the wrong? There's no way this can be "legal." Am I just supposed to live in discomfort and continue to be constantly woken up? There also HAS to be some type of law about them breaching my confidentiality. Any help/insight would be greatly appreciated, thanks!
