Two occurrences of my dog barking in apartment

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Two occurrences of my dog barking in apartment

I have a neighbor that has reported my dogs barking on 2 separate occasions. One they have a 5 second video and the other is a lie because I was with them the entire weekend when they complained. The lease states,

Asked on June 18, 2019 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, you can be evicted for barking dogs. First, even without a lease provision about barking dogs, barking dogs can be considered a form of "disorderly conduct": behavior that reduces the "quiet enjoyment" (ability to use and enjoy their rental units without disruption or harassment) of other tenants; disorderly conduct is grounds for eviction. Second, you cite a lease provision which specifically states that your dogs must not disturb neighbors, so if they are disturbing neighbors, you are violating your lease, and violating your lease is also grounds for eviction. Whether harsh or unfair or not, eviction would be legal. 
While I don't practice in TX, I practice landlord-tenant law in NJ and I have in fact evicted tenants when their dogs or other animals disturb their neighbors.


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