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?

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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

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 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.


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