Eviction based on multiple complaints from one neighbor on dog barking? (VA)

[profbodryak]

Hey everyone!

We have been renting a 1-bedroom apartment in the same community for over 3 years now. There have been time in past when we were late and even paid attorney fees a couple of times. However in recent times our financial situation has improved and we got back on track. We are also planning on moving to Northern Virginia soon so we let out lease go on to month-to-month.

We also have a dog (now a 1 year old Weimaraner, who properly eats, runs and exercises). We had him for a year now, however never had signed the pet addendum, nor paid the pet fee. Approximately 3-4 months ago we had a neighbor move in across the wall. And approximately since 2 months ago we have received at least 3 letters and probably 3 phone calls from the leasing office telling us that there were complaints about our dog barking at night time and even on days we spent the night home (that's the case 95% of the time). And if we do go out it is not longer than for 3-4 hours at a time. The complaints we had were "dog barking all night" and so on. Upon the first notice we got a shock collar and tested it by standing outside for 3 hours to hear the barking. The dog was quiet. The complaints have continued. I also gave the neighbor my phone number so that he would text me when he heard the dog barking. He did up until a certain point. I assumed that everything worked out and also had no phone calls from the leasing office. All of a sudden I am getting ready to leave for work (I work nights and my wife stays home all the time) and find a subpoena to court. With notion of $800 worth of attorney fees.

The complaints have come on the days when at least one of us was home. We live in Henrico County. Never signed the pet addendum for the dog. What are the chances we can successfully fight our neighbor in court? There were never police reports filed for a noise violation.

Thanks!!!What is the name of your state (only U.S. law)?

 

[profbodryak]

* I meant fight the landlord.

 

[FarmerJ]

On the summons it must say what the reason for the complaint is ? and who it is from , is it from your LL what is the nature of the complaint listed on the summons ? if it is barking complaints yes there should be police reports to back it up. If it is LL claiming you broke the lease by having a dog then I would say you really need to learn if they were supposed to have sent you a written notice to correct the violation first and what delivery methods are permitted in your state. Since your a month to month renter even if you manage to get the complaint dropped in court your LL will still likely give you notice to move out at some point when they feel its safe to do so if your state has retailatory eviction definitions that set a time line.

 

[profbodryak]

On the summons it says 'material breach of contract'. We did receive letter, that was from LL. And the summons was filed by an apt managing company (an LLC). When I went to the office to inquire if we got the summons because of a pet fee, they said 'no, it is because your neighbor still complains about your dog barking'. There were no police reports. I did work with them on resolving issue.

Also I spoke with other neighbors and they have no complaints.

I am trying to ensure that an eviction does not go on my record. Because as I understand being asked to vacate property by a LL is not the same as to be evicted?

 

[FarmerJ]

Plan on going to court , If you do not show up your LL automatically wins , Go to the police dept and if your city / county has one a animal control dept and give them your address and verify if there has been any complaints or not.( also get a copy of any dog barking ord if there is one on the books for your self) If there are no reports then when your in court ask to see copies of police /animal control reports. Also inform the court that your wife is at home all the time and some of the so called complaints came at times when someone was home and were not true. When your in court tell the court you purchased a shock collar to prevent barking , and unless there are police / animal control reports you feel the LLs complaint is not valid and would like to see it dropped. Since you are month to month seriously look for a new place though, LL will not be happy with spending so much money to file for eviction and will likely end your tenancy ASAP. It really is hard to say how the court would decide but with out police or animal control reports to back up LL claims the burden to prove the claim will be on the LL.

 

[profbodryak]

And that's exactly what we are doing right now is searching for another place. It is quite upsetting that we have been here over three years and some guy trying to do this for no known reason.

Everything that was said about court so far - can it be done at the initial hearing? Or do I really need a trial for this?

 

[MountainDew]

If there are no police reports, no recordings, and no other neighbors willing to complain, then absolutely nothing can happen to you in court. Nobody can prove your dog was barking without a police report or in the very least a recording or another witness. One person's word with no proof will not stand up for anything.

I own my home, the one next door is a rental. The most recent move in (about once a year) is a complete jackass, and in less than a month made an enemy out of everyone in the neighborhood. He called the police when my dog would bark literally TWICE (as in, bark, bark, done) and I simply told the police no, he's wrong, and he's only trying to be a jerk. They actually had a cruiser wait in front of my house and listen for the dog for several hours - during which they didn't hear a peep. The fact is I'm allowed to let my dog bark reasonably within certain hours. After this idiot kept calling the police, they finally came by and told him to stop calling or he would be arrested...

 

[profbodryak]

I can't even assume what the problem is. We are in our later twenties, and he is probably even younger than that. And his behavior is hard to describe.

What my concern is - did they file through court only because they hoped we would not fight it?

How essential is it regarding the pet addendum and the pet fee?

 

[Alex23]

It is quite upsetting that we have been here over three years and some guy trying to do this for no known reason.

He's doing it because your Weimaraner won't stop barking when you're out.

This is what they're tired of:
YouTube - Gucci barking

 

[atomizer]

He can and will probably win in court because you are in violation of the lease agreement. Like you said, you have no pet agreement. Complaints from your neighbor about the barking dog is just gravy on his tray. His staff should also be able to verify that you have an animal that is not on the lease.

 

[Hot Topic]

Shock collars are considered animal abuse by many experts. There are humane ways to correct a dog's behavior; however, many owners are too lazy to use them. Far better that the dog bark repeatedly and the owner(s) or others yell at it to shut up. Duh.

You didn't sign the pet addendum or pay the pet fee. You admit to being late in paying the rent multiple times and paying attorney fees a "couple of times." You're lucky you weren't evicted a long time ago.

You are nobody's victim.

 

[profbodryak]

I am not here to complain at all. I am here to try to understand what may happen in court depending on how we handle it. Yes, the pet is not on the lease and the pet fee has not been paid. Yet the complaints of the neighbor are not backed by anything. Not even what the other neighbors tell me. I think I cited one of them in one of the previous posts. And I do know how a weimaraner can act when left alone. Yet we've been outside and away to the point his voice could be heard and the collar did work.

Btw I spoke with an attorney locally and he recommends moving out before the court date and just telling the judge that here we are - out of the apartment hoping the attorney fees get dropped (nonsense to begin with since we are month to month).

Thanks everyone for all your responses!

 

[atomizer]

What would happen in court is that you would be evicted for having a dog, not for having a barking dog. The barking is an excuse to enforce the contract. This is not a case about a barking dog, but of a dog without authorization.