Legal Question in Real Estate Law in California
Neighbors roommate complaint about dogs.......
my neighbor( owner and lives there)roomate ( not the owner) talk to my wife stating that she is afraid of our dogs, that they dug hole(s) under the chain link fence and is affraid that they will ''GET HER'' as she said ( the fence is on their property and the holes were dug by the owners pervious dog)my wife stated to her that our dug wasnt the only dog digging and that we will try to fix and fill in the holes,also i need to say that the owner had some concrete work at the fence location and loosen the footing were the fence post anchor.I talk to the ownwer and she acting surprise that her roomate spoke to us and didnt express concern. and i know the real problem is that when the roomate is in the yard my dogs do and will bark( they are indoors at night) and this is what i think is the real problem.question is;is this my only problem or is this a joint effort? ( leaglly)and does the roomate have a say in it? thank you
1 Answer from Attorneys
Re: Neighbors roommate complaint about dogs.......
If someone is afraid of your dogs, it doesn't matter whether they are the owner, the tenant, the roommate, an afternoon guest, or someone you encounter while walking the dogs through the park.
Dog owners must control or manage their pets in such a way that ordinary, reasonable folks they encounter are not frightened or disturbed.
This does not mean that every dog-phobic person on earth has to be happy with your dogs being around the neighborhood. It only means that reasonable, average, dog-liking or dog-tolerant people shouldn't be expressing fear, concern or upset. If they are, it's possible there's something unfair about the dogs' presence, treatment or enclosure in that neighborhood.
You need to look more closely at the basic right being invaded than the legal status of the neighbor as an owner, tenant or guest. If the dogs are noisy or menacing, that's the problem.
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