Landlord Issue

[AdironRider]

THIS

I work in a field where one DUI or Drug infraction will screw you and toss you out of the medical field for life. You understand me? LIFE

That means if I test positive for a random drug screen I'm boned, but not just for the current job, but for all future jobs I could have gotten.

If I was in this situation, I would be more than furious

That isn't going to show on a test. Maybe if it was piped directly into a closet, in which they spent all their time, but pot tests have a base level before they trigger a fail, and its not going to trigger on second hand smoke from another apartment. It wouldn't even in the same room most likely. I have my employees do this (I run a knife business), or at least the ones working in the forge, mainly for workmans comp. Noone has failed ever for being in the same building as a pot smoker.

Im pretty sure this is an easy problem to overcome however, "Hey cheech, mind smoking outside?". Problem solved.

[JinormusJ]

Landlord Issue

The smell of pot smoke? Seriously?

Tell him your and your GF are concerned about testing positive for random drug tests at work.

THIS

I work in a field where one DUI or Drug infraction will screw you and toss you out of the medical field for life. You understand me? LIFE

That means if I test positive for a random drug screen I'm boned, but not just for the current job, but for all future jobs I could have gotten.

If I was in this situation, I would be more than furious

[Court M3]

Ok boys, this is a bit of real world life lessons here.

Im not speaking as a dick landlord, I'm speaking about shit Ive dealt with with tenants. Frankly, this sounds like the kid is trying to find reasons to get out of his lease for whatever reason, not law breaking.

A dog barking during the day is not going to let anyone out of a lease. If it was 2am it would. There is a large difference between noises happening during normal waking hours of the day. It is unreasonable to think a dog is never going to bark. This is the key delineator (time of day). If the tenants knew they would be living above a dog, it applies. Consult your local noise ordinances, as these will be the guideline. Your personal preferences for midday naps is not a legal standing. This is what the judge is going to look at, time of day, etc. Same with noise from the street, lawnmowers (this is the largest noise issue people use to try and break leases), etc. How is this different than if the landlord has a lawn maintenance service that is running commercial mowers around the property all day. Anyone who lives in a condo can attest to this.

It would be different if the landlord came home with a dog after they signed the lease. Even still, a dog barking at noon is going to be considered reasonable in the eyes of the law Its not unreasonable to have normal life noises during that time of day.

I already said spots on the carpet were much, but the landlord still asks for and receives permission. Also key element here. Kid could just tell him no, you can come back in 24 hours, but he didn't and let the landlord in. He cant use this to break his lease either. Is it annoying for the tenant, yes, but again, landlord asked for permission, and it was granted.

Now if at any point the landlord is just going into the place without permission, or is making unreasonable noises outside of normal waking hours (most states, towns, municipalities have some sort of noise ordinance, this is what applies here, and usually is somewhere from 8-10 pm and 6-8am) then he has a case. But as he presented it here, no dice.

Just asking to come and do a repair is not grounds for breaking the lease. Neither is a barking dog. These are the facts of the case as presented, and unless there is more to the story this is more of a story on annoying neighbors than law breaking.

Would I be as aloof as his landlord, no, but he isn't breaking the law either.

As I mentioned in my first post that you guys didn't seem to read, a lot of this is state/county/town dependent, so read up on your states tenants rights and your local noise codes.

This man speaks the truth. Being a landlord is tough, OP if you were in my locale, judge would only care about the pot.

[kung fu jesus]

Maybe take the dog into your place while the owner is away? The dog hears people upstairs, gets lonely, makes noise. More often than not, most dogs just want to be in the presence of people.

For the pot, talk to him, ask him to go outside, maybe in the back yard? Tell him your and your GF are concerned about testing positive for random drug tests at work.

24 hr notice, the post above said it succinctly. Tell him to come back later.

Make concessions, rest easier.

[ParsedOut]

Here's a link to my local noise ordinance.

http://www.mesaaz.gov/police/NoiseDisturbance.aspx

"If the noise is intermittent or continuous for a period of at least 15 minutes, OR if it is after 10:00 p.m. but before 6:00 a.m., AND exceeds the property line, AND disturbs the peace and order of the neighborhood or a person of ordinary sensibilities, it can be considered a violation of the ordinance."

As for them knowing the landlord had a dog and therefore waives all rights to peace and quiet during the day is ridiculous. As I said, if the lease had some verbiage about his loud dog, that is another story. When they initially walked the place, I highly doubt the landlord gave them a friendly heads up about his dog.

You have a point, if they let the landlord in then they don't have anything to stand on in that instance. If he let himself in that's another thing.

I also wouldn't be so dismissive about pot smoke filling their apartment. They have the right to live in a place that is not contaminated by second hand smoke.

As I originally said, I'm not a lawyer and I would recommend consulting with one before you do anything...

[AdironRider]

Ok boys, this is a bit of real world life lessons here.

Im not speaking as a dick landlord, I'm speaking about shit Ive dealt with with tenants. Frankly, this sounds like the kid is trying to find reasons to get out of his lease for whatever reason, not law breaking.

A dog barking during the day is not going to let anyone out of a lease. If it was 2am it would. There is a large difference between noises happening during normal waking hours of the day. It is unreasonable to think a dog is never going to bark. This is the key delineator (time of day). If the tenants knew they would be living above a dog, it applies. Consult your local noise ordinances, as these will be the guideline. Your personal preferences for midday naps is not a legal standing. This is what the judge is going to look at, time of day, etc. Same with noise from the street, lawnmowers (this is the largest noise issue people use to try and break leases), etc. How is this different than if the landlord has a lawn maintenance service that is running commercial mowers around the property all day. Anyone who lives in a condo can attest to this.

It would be different if the landlord came home with a dog after they signed the lease. Even still, a dog barking at noon is going to be considered reasonable in the eyes of the law Its not unreasonable to have normal life noises during that time of day.

I already said spots on the carpet were much, but the landlord still asks for and receives permission. Also key element here. Kid could just tell him no, you can come back in 24 hours, but he didn't and let the landlord in. He cant use this to break his lease either. Is it annoying for the tenant, yes, but again, landlord asked for permission, and it was granted.

Now if at any point the landlord is just going into the place without permission, or is making unreasonable noises outside of normal waking hours (most states, towns, municipalities have some sort of noise ordinance, this is what applies here, and usually is somewhere from 8-10 pm and 6-8am) then he has a case. But as he presented it here, no dice.

Just asking to come and do a repair is not grounds for breaking the lease. Neither is a barking dog. These are the facts of the case as presented, and unless there is more to the story this is more of a story on annoying neighbors than law breaking.

Would I be as aloof as his landlord, no, but he isn't breaking the law either.

As I mentioned in my first post that you guys didn't seem to read, a lot of this is state/county/town dependent, so read up on your states tenants rights and your local noise codes.

[ParsedOut]

A dog barking is not going to be considered excessive or disturbing in the eyes of the law during the hours stated.

I'm not saying he has the leverage to have the dog put down or taken away. However when speaking with a judge about the lease breaking situation, it is reasonable for the barking dog to be considered in the decision. Reasonable judges will not be so dismissive.

Doesn't matter if he had the dog when they moved in, unless there is verbiage in the lease agreement that says something about his annoying ass dog... he is not without cause.

Landlords are legally allowed to enter the premises for an emergency repair/situation, a spot on the floor hardly qualifies.

I feel sorry for your tenants, seems like you have little respect for people that can't afford to own their own place. Maybe you're jaded, or maybe you're just a dick. Either way it would be advantageous to change your mindset a little bit.

[MR E30 325is]

Im a landlord myself.

1st, the howling dog is going to do nothing on getting out of your lease. I assume he had it when you moved in. You need to just let this one go. If the dog is making noise between the hours you say he is, its also a moot issue as those are normal waking hours of the day. No judge is going to be like oh she cant take naps, youre free to break the lease.

2nd, the 24 hour notice does not apply to maintenance depending on your state. While the spot on the carpet is a bit much, landlords don't have to wait 24 hours if something is broken and needs to be fixed. Its not like hes just popping in to chill. If anything, Id appreciate a landlord that gives a shit, lots of landlords just collect checks and do nothing. It sounds like he does give notice before physically entering your apartment, so again, depending on the state, no laws are being broken.

3rd, you sound young. Get your shit together and buy your own place, then you don't have to deal with it, otherwise, welcome to renting and get used to it, these are not big deal issues.

4th, the smell of pot smoke? Seriously?

You sound like exactly like the ass that this guy is currently dealing with.

My thoughts go out to your tenants.

[Thizzelle]

In our area rents are getting outta hand, and the security's are in many cases double a months rent. And looked at as FREE MONEY. Even if the place is in better condition than when you moved in and can document that fact, many of the cash strapped owners have either spent the security, or want to keep it anyway............

I did a video walk through and my landlord was cool, just luck of the draw I guess.

[AdironRider]

Time of day doesn't matter when it comes to excessive and disturbing noise.

A dog barking is not going to be considered excessive or disturbing in the eyes of the law during the hours stated.

[AdironRider]

Im a landlord myself.

1st, the howling dog is going to do nothing on getting out of your lease. I assume he had it when you moved in. You need to just let this one go. If the dog is making noise between the hours you say he is, its also a moot issue as those are normal waking hours of the day. No judge is going to be like oh she cant take naps, youre free to break the lease.

2nd, the 24 hour notice does not apply to maintenance depending on your state. While the spot on the carpet is a bit much, landlords don't have to wait 24 hours if something is broken and needs to be fixed. Its not like hes just popping in to chill. If anything, Id appreciate a landlord that gives a shit, lots of landlords just collect checks and do nothing. It sounds like he does give notice before physically entering your apartment, so again, depending on the state, no laws are being broken.

3rd, you sound young. Get your shit together and buy your own place, then you don't have to deal with it, otherwise, welcome to renting and get used to it, these are not big deal issues.

4th, the smell of pot smoke? Seriously?

[flyboyx]

set your amp so the speaker points directly into the floor. late at night, hook up a base guitar and shoot lots of really low rumbling sounds though the floor at him. just kidding. don't give the guy any ammunition against you.

[decay]

Poop in his sock drawer.

that requires access to his unit.

alternative solution: upperdeck the toilet.

[ParsedOut]

I'll try to take a video of the dog barking noise, I figured the time of day made a noise complaint lose its merit.

Time of day doesn't matter when it comes to excessive and disturbing noise.

[ainadude]

Addendum: I didn't properly explain the two-week period following the end of the lease. In Hawaii landlord/tenant code (which I'm told used the California code as a template), the landlord has two weeks (or 15 days) to provide clear explanation, in writing, to the tenant why some or all of his/her deposit will not be returned. The key point is that if the landlord does NOT respond within this period and provide to tenant a clear accounting, ALL SECURITY DEPOSIT FUNDS MUST BE RETURNED TO TENANT. Again, you may have to go to small-claims to get your money but, in general the law is overwhelmingly on your side and burden of proof is typically entirely on the landlord. If he/she fails to perform due diligence, he or she is screwed, not you. Just be sure to get acknowledgement that you have returned any and all keys to the unit upon surrender of the property (i.e. end of the lease period) -- failure to do so can be a sticking point that works against you, as the landlord can argue tenant has failed to fulfill his/her part of the agreement. Thing is, if you stick to the letter of the law and your landlord doesn't -- frankly, in almost any way, it's a slam dunk for you and your girlfriend in court.

Meanwhile, there are frequently conditions in any state code in which a tenant may legally break a lease before term is up. Depending on New York's, the scenarios you describe may meet one or more of these conditions.

Hope this helps.