Legal Question in Criminal Law in Texas

Vicious Neighbor Dog

My sister has rental property. The neighbors to this property have a mixed breed large vicious dog. It is my sister�s suspicion that this dog initial damaged the wooden fence, but there were no witnesses to this account. A new fence was installed, she knows, through witnesses; this dog ripped the new fence apart.

Everyone is in fear of this dog; the fence installer had problems with this dog, my sister and her family are fearful when they there to do repairs, even the tenants are uneasy when they are within the backyard. The neighbors have no intension of relinquishing the dog and the tenants are reconsidering breaking the lease and moving.

What can be done about the neighbors? My sister understands the fear the tenants have about living next door to this animal. She will be losing revenue if her tenants leave, plus additional revenue if future tenants decline due to this dog.


Asked on 4/11/03, 4:34 pm

2 Answers from Attorneys
Paul Velte IV Paul C. Velte IV, Attorney at Law

Re: Vicious Neighbor Dog

Whose fence keeps getting destroyed? If it's your sister's, then that would be grounds she could use to sue on a nuisance/property damage theory. Or, if not, but the animal can escape into her property because of it, and has, then that alone I think would suffice as grounds for a nuisance lawsuit, and maybe throw in a tort of intentional/negligent infliction of emotional distress. There is now a state registry of dangerous animals, and many cities have pretty strong ordinances, so both of those should be checked to see if they give you any additional grounds on which to base legal action. Certainly waiting until someone is killed or injured is not reasonable. Perhaps start preparing a case now by videotaping some of the dog's behavior.

If your sister is in the Austin area, have her give me a call. This may be worth a fight if the situation causes her to lose tenants.

Read more
Answered on 4/15/03, 3:33 pm
Basil Hoyl Law office of Basil Hoyl

Re: Vicious Neighbor Dog

There probably aren't any deed restrictions about animals, but you should check to see. You might ask the city about ordinances concerning animals. Nuisance and trespass law may not provide inexpensive relief, but that type of lawsuit could provide a resort of last choice and only would be likely to help if the dog keeps breaking into the yard.

http://www.reasonable-doubt.com

Read more
Answered on 4/12/03, 9:39 am


Related Questions & Answers

More Criminal Law questions and answers in Texas