questions & answers

Question: I live in an eight unit cluster of small houses and duplexes. The property has been inundated by tenants with dogs. The problem is the increased noise level from almost constant barking. The property managers are making money off the presence of the dogs and flat-out don't care. I'm being harassed by my neighbor. She makes her dog bark at all hours of the day and night. Any recourse?

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), a landlord is responsible for ensuring that the landlord’s tenants conduct themselves “in a manner that will not disturb [their] neighbors’ peaceful enjoyment of the premises” (A.R.S. 33-1341). The best course of action for a tenant in this type of situation is to bring the problem to the attention of the tenant’s landlord by delivering to the landlord – either by hand or by certified mail – a formal signed and dated letter describing the problem in detail and requesting that the landlord do something about it as soon as possible. If the landlord does nothing to fix the problem even after a reasonable period of time has passed since the landlord received the tenant’s complaint, then, depending upon how serious the problem is, the tenant may have an argument for being able to terminate the lease without penalty. Either way, the tenant should (1) keep careful records of all correspondence between the tenant and the landlord and (2) document the problem itself (by writing down when and how often it happens and by having a friend or relative drop by to witness the problem firsthand – which will be useful in case you ever need to show evidence).