Legal Question in Landlord & Tenant Law in Alabama
Rocweiler in apartment across hall, allowed by landlord, against their own polic
A couple move in a month ago with a rocweiler (big dog). The brought him in at night, and never walks him during the day. There are two families with small children on this floor (upper floor). The pet policy says dogs of a class with a know vicious propensity or aggressive propensity shall not be permitted. Their policy list D.Pincers, Rocweilers, chows, and G. Shepherds and others. The dogowners are attorneys and have threatened to sue (apartment complex)if the have to remove the dog. The landlord told us initially that the dog had to be gone by Oct. 31st, now they have changed their minds and said that the can stay after the tenants threatened court action. What rights do we have as tenants? Must we live with this big dog across the hall? Why are they going against their own pet policy? We no longer feel safe, and we pay almost $1,000 a month for rent. What should we do?
1 Answer from Attorneys
Re: Rocweiler in apartment across hall, allowed by landlord, against their own p
A lease is a contract, and under a contract you have certain rights, which you can enforce. It would appear that you are a third party beneficiary of the lease contract between the people with the dog, and the leasing company. You could bring a declaratory judgment action and request for an injunction to require the leasing company to enforce its lease and evict the other tenants.
Good luck.
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