Nuisance dog reported on premises

Shaungoater

I am having a problem with another landlord. I rent my apartment to a couple and their four year old, who has a small dog. The neighbour also rents his apartment to a couple. The landlord next door reported me to the management company for nuisance dogs being kept next door. His reasoning is that the dog goes toilet on the balcony and he says he can smell. it. It has been cleaned and the tenants promised not to let the dog on the balcony again but he wants the dog gone. He has reported the dog to the management company who say its causing a nuisance so must be removed. Any advice? Legal action has been threatened.
They are good tenants and i trust them to keep it clean, however this landlord is being very unreasonable in my view.

athtrasna

What does your lease say about pets? Are they permitted?

jimmycrackcorm

Tell them you don't own a dog.

The_Conductor

You're on dodgy ground- irrespective of how wonderful the tenants are.
I've yet to see a lease (by this I mean the owner's lease) in a MUD (Multi-unit-development) that does not expressly forbid the keeping of pets.

If you try to fight with the Management Company on this one- it might be a long fight- but you don't have a leg to stand on.

The dog has to go- how, when, by what means- and whether it entails the tenants also moving- are up for discussion- but the dog has to go.

Ms Doubtfire1

As semi conductor says - check the management lease. But I'd have a different approach - as, at the end of the day it's YOUR property I don't think anyone can dictate what you're doing with it. Would also suggest taking out real legal advise.

The_Conductor

Ms Doubtfire1 wrote: »

As semi conductor says - check the management lease. But I'd have a different approach - as, at the end of the day it's YOUR property I don't think anyone can dictate what you're doing with it. Would also suggest taking out real legal advise.

Its *not* the OP's property- it belongs to the Management Company- the OP owns a lease of defined duration (typically 900 years) for the property. Their lease specifies in its articles the terms under which the lease is granted. One of these terms- inevitably, deals with pets, particularly forbidding their keeping.........

Shaungoater

Okay. All the management companies rules state are that "dogs cannot be kept by an owner/tenant if they are causing a nuisance".

This is a nuisance to next doors landlord. Although he doesn't live there,he said it could potentially lose him rental income if his tenants ever complain. He wants it gone and straight away and today i received a legal letter. He won't discuss it, and he is on the management board of the complex. I have more of a heart; its a four year old dog and I trust my tenants when they say they will keep it clean in future

Ms Doubtfire1

I would too. Can you address it in a management meeting? Thanks for having a good heart, Many Landlords would take the easy way out.Also, I don't think what has happened there would be defined as nuisance under the law - it only defines excessive barking as a nuisance. Frankly, i don't think the other Ll has a leg to stand on and is just animal unfriendly.

Michael D Not Higgins

Certainly an option of mitigating the nuisance should be proffered before an ultimatum, in my opinion. This is not legal advice and legal advice cannot be sought or given on Boards, so I would suggest speaking to the other landlord again if he is open to communication otherwise speak to your solicitor about it if you want to fight it.

mydarkstar

The_Conductor wrote: »

You're on dodgy ground- irrespective of how wonderful the tenants are.
I've yet to see a lease (by this I mean the owner's lease) in a MUD (Multi-unit-development) that does not expressly forbid the keeping of pets.

Thankfully the head lease for our building allows the keeping of pets, but expressly states they can only be kept as long as they do not cause a nuisance. Some neighbours have cats and there are one or two dogs. There have been hardly any complaints over the years.

A few years ago one dog owner was ordered to remove his dog as he let it pee & poop on the carpet in the communal hallway - this wasn't a once off, it was every day. He said he let it in the hallway when it needed the toilet as the dog wasn't house-trained.... He made no attempt to train the dog and didn't make any apology, so he was finally asked to leave by the landlord.

wordofwarning

Ms Doubtfire1 wrote: »

I would too. Can you address it in a management meeting? Thanks for having a good heart, Many Landlords would take the easy way out.Also, I don't think what has happened there would be defined as nuisance under the law - it only defines excessive barking as a nuisance. Frankly, i don't think the other Ll has a leg to stand on and is just animal unfriendly.

In NYC, some buildings allow dogs. But you have to pay a management fee for it. Even companies even requires tens of thousands put into an escrow account. The fact is pets create a lot of wear and tear. If you have dog in an apartment, they will put more wear and tear on the building. It is only fair that the management company reduce wear and tear

Refusing animals is strictly a business decision. Do you think the 99% of landlords on daft who refuse pets in their properties all dislike animals? No, it is a case that a dog can do thousands of euros of damage to a property.

Ms Doubtfire1

But thats not the topic isn't it?

Mrs OBumble

The dog has proven that it's a nuisance. Your tenants can male all the promises they like - talk is cheap.

Send the dog to a nice farm in the country.

Ms Doubtfire1

Mrs OBumble wrote: »

The dog has proven that it's a nuisance.   Your tenants can male all the promises they like - talk is cheap.

Send the dog to a nice farm in the country.

ehmm..aren't tenants the nuisance for not cleaning up after the dog or not walking him? Nothing to do with the dog. I'm just glad there are people like the current OP on this board.

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Ms Doubtfire1

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If a dog gets regularly exercised an apartment is fine.I used to live in a big city like Dublin and a had a huge dutch shepherd. I lived in an apartment. Dog was exercised 2 hours a day, 1 hour in the morning, 1 in the evening and a dogwalker during the day. No problem what so ever.With a dog comes responsibility.People need to take that. If you are a responsible dog owner it doesn't matter where you live. If the tenants in this case have pledged improvement, and the dog is 4 years old I betcha it won't happen again - they won't want to loose their dog.

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Ms Doubtfire1

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It's not about you either - and I think the OP has a different approach.

athtrasna

Mod note

This thread isn't about keeping dogs in apartments, it's about the op's situation so please let's not get sidetracked.

Posters are also asked to leave the modding to the mods, if you have an issue with a post, please use the report post function. Many thanks

rawn

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The lease does allow pets.

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spaceHopper

Down load the formal warning for antisocial behaviour or the RTB's website. Give it to the tenants tell them how sorry you are. However that does not mean you are kicking them out it's just a warning. The tell the management company that you are following the RTB's process for antisocial behaviour and have served the tenants with a warning. It's basically toothless but may make them back off. If they is no repeat of the problem then it will be the end of it.

silent_spark

As above. I don't see how a once off complaint can be constituted as a nuisance. Repeated complaints, yes, but not just one occurrence. Ensure your tenants are really aware how precarious their situation is though, so they don't annoy other residents again.

beauf

Is nuisance defined in your management contract.