Can I break my lease if neighbor’s dog barks at night?

UPDATED: May 22, 2012

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Can I break my lease if neighbor’s dog barks at night?

I am renting a room in a residential home. The next door neighbor’s dog barks all night and this causes other dogs in the neighborhood to bark. Also, a new tenant moved in to the house recently and has a dog that is not potty trained and goes all around the house. It barks at night and it smells very bad. Is this grounds for breaking my lease and if so, what steps should I take.

Asked on May 22, 2012 under Real Estate Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you would not have moved in because of the noise and because of a new tenant having a dog, then yes you have grounds to break the lease. However, put all of this in writing to the lanlord and explain you expect your security back and that you were mislead by the noise and animals living in the home.  You may need to involve a consumer protection agency if need be.

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