If my dog was attacked twice by a dog that exceeds the weight limit for the complex, o I have grounds to negotiate breaking our lease?

UPDATED: Aug 6, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 6, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my dog was attacked twice by a dog that exceeds the weight limit for the complex, o I have grounds to negotiate breaking our lease?

Our dog was attacked by a dog from another owner in the apartment complex. I called the leasing office to address the attack and they said they would address it. We have 2 small children that could have been hurt in the mix. The dog is over 30lbs (no dogs over 30 lbs in the leasing agreement) and is off the leash (also against policy). The same situation happened 2 weeks later. I contacted the leasing agency to let them know that we were moving out because my wife no longer feels safe. They said that it was a civil matter and that we’re still liable for the remainder of our leasing agreement.

Asked on August 6, 2012 under Real Estate Law, Ohio


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are absolutely not liable in this situation. You informed the complex (inform them one more time in writing) and contact your state's consumer protection office that handles landlord tenant matters (usually the city attorney or state attorney general), explain the dog is off leash and over 30 lbs and it is the duty of the landlord at this point to make sure other tenants do not breach laws (off leash) and policies (over 30 lbs) because it is a health and safety issue for other tenants. If this does not resolve the matter to get your security back, sue the landlord first.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption