Legal Question in Landlord & Tenant Law in Washington

There is a resident that owns a pitt bull and allows it wander around our apartment complex without a leash. If you come across it, it will stop, look you in the eye and growl at you. After this had happened a couple of times, I called management. Long story short, they took my complaints, called animal services, gave the resident notices and now say there is nothing they can do. I suffer from PTSD (NOT because of this issue, but it sure doesn't help) and the management knows this. So now I'm afraid to check my mail or go outside because of this dog. Is there a way I can get out of the lease without penalty?


Asked on 1/27/10, 10:54 am

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

You are definitely in a tough spot. That said, here are some options you may consider. 1) Talk to the landlord/manager to see if they will allow you out of your lease early without a penalty. This may go over more easily with them if you promise to stay so long as they actively list the unit for rent and that you will not leave until they find a suitable replacement tenant. 2) If you can't work it out with the landlord, hire an attorney to obtain an anti-harassment order against the owner of the dog that would prevent the owner from bringing their dog anywhere within a certain distance of you. (I'd need to know the layout of the buildin and the location of your unit in relation to the dog owner's unit before knowing what exact language to propose for a restraining order.) The anti-harassment order is by no means a guaranteed winner, particularly because it may severely impinge on the dog owner's rights, which the court will need to weigh against your right to be free from being intimidated by their dog. Bear in mind, the whole point of obtaining the anti-harassment order is to have something so that in the event it is violated, you can call the police, show them a copy of the order, hopefully have a witness to the violation of the order, and thereby have the owner arrested for violation of the order.

Arrest is a strong motivator not to violate the anti-harassment order. If you pursue this order, I highly recommend you hire local counsel to help you out.

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Answered on 2/01/10, 9:07 pm


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