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Posted by Kesime on March 10, 2000 at 13:18:09:

Hi,
I rent a studio in rent-stabalized building. Right outside my window, the next door neighbor (in a private house) has his 200 lb, always-chained, neurotic Rottweiller permanently stationed. The dog can't be more the 4 ft. away from my window and spends most of its nights barking incessantly. I have tried to talk to the owner, but he just ignores me. I've complained to my landlord, but he seems more interested in making excuses for the man than working to fix the problem. The landlord is not interested in taking this court, though I sense that he is obligated to do so, legally. I've been living with this for the past six months. I'm halfway through a year's lease, but I won't be able to last through the summer with that dog as I can't open my windows and still get a night's sleep. I can't get a night's sleep as it is. I want to cancel my lease, but I don't want to be penalized for the rest of the rent. Am I within my rights to cancel the lease. There is clause in the lease that states: "Landlord is required to provide apartment that does not endanger life, health or safety" (paraphrase). I'm sure I don't have to explain the effects lack of sleep have on one's health and well-being.
Thank you in advance for any advice you may have for me.
Kesime Bernard

Follow Ups:

• Re: Barking dog/breaking lease.... time to call the police! richard 03/10/00 (0)

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: Hi,
: I rent a studio in rent-stabalized building. Right outside my window, the next door neighbor (in a private house) has his 200 lb, always-chained, neurotic Rottweiller permanently stationed. The dog can't be more the 4 ft. away from my window and spends most of its nights barking incessantly. I have tried to talk to the owner, but he just ignores me. I've complained to my landlord, but he seems more interested in making excuses for the man than working to fix the problem. The landlord is not interested in taking this court, though I sense that he is obligated to do so, legally. I've been living with this for the past six months. I'm halfway through a year's lease, but I won't be able to last through the summer with that dog as I can't open my windows and still get a night's sleep. I can't get a night's sleep as it is. I want to cancel my lease, but I don't want to be penalized for the rest of the rent. Am I within my rights to cancel the lease. There is clause in the lease that states: "Landlord is required to provide apartment that does not endanger life, health or safety" (paraphrase). I'm sure I don't have to explain the effects lack of sleep have on one's health and well-being. 
: Thank you in advance for any advice you may have for me. 
: Kesime Bernard


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