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  1. #1
    Join Date
    May 2011
    Posts
    1

    Default Are Barking Dogs Covered Under "Quiet Enjoyment"

    My question involves landlord-tenant law in the State of: California

    I recently subletted a room from someone renting a house. The person offering the sublet said she had barking dogs but that they would be quiet enough for me to sleep during the day as I work nights. The dogs turned out to be very loud and kept me awake. Had I known, I would not have accepted the rental.

    No formal agreement was made. Subletter asked for payment of rent and security deposit when I walked in the door. One week later, I moved out because the noise was too much. Move-in was the 10th of the month and move-out was the 21st. Within a day, I sent her an email asking for my deposit back. I've sent follow-up emails, but have not gotten a response. It has been over a month and she has not responded to my emails.

    Can I recover from the subletter? I'd like to get my deposit back and possibly rent paid since I believe she violated the covenant of quiet enjoyment with her barking dogs.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Are Barking Dogs Covered Under "Quiet Enjoyment"

    Barking dogs can potentially be an issue, but you describe a situation in which you rented with explicit knowledge that there would be barking dogs. Did you see the dogs before you rented? Are these dogs particularly loud, as compared to average dogs (or average dogs of this breed)?

    Assuming you didn't agree to the contrary in a written rental agreement, for a month-to-month tenancy you would normally be required to give 30 days notice of your intention to vacate. If rent was paid through May 9, and a thirty-day notice period would have ended on May 21, that would mean that your landlord should at most be charging for 13 days rent and refunding the balance of the deposit.

  3. #3
    Join Date
    Jan 2011
    Location
    California
    Posts
    90

    Default Re: Are Barking Dogs Covered Under "Quiet Enjoyment"

    In CA Penal Code §373A (maintaining or permitting a public nuisance) is usually used for criminal matters involving barking dogs; however it VERY rarely rises to this level. Even when a criminal filing is initiated, it's usually with a municipal code or county ordinance rather than the Penal Code.

    That being said, "public nuisances" are by nature highly subjective. (I know - I handle my city's barking dog complaints.) Bottom line: you knew that she had dogs. She told you they were barkers. You moved in anyway. Therefore, while you may have cause to terminate the rental agreement early, you don't have cause to recover damages. On top of that, unless other residents in her immediate neighborhood are likewise complaining (through the appropriate official channels) about the noise her dogs make, it's HIGHLY unlikely that a case, even an administrative or civil one, would ever be initiated since the complainant is a resident in the same household.

    Regarding the security deposit, she is allowed to withold unpaid rent for the 30 day period (assuming a month-to-month with no written notice period agreement otherwise) beginning with when you gave your notice, less any rent you already paid for any days during that timeframe. She also has 21 days from when you move out to either refund the deposit or issue you an itemized list of deductions plus any refund that may be leftover. If it's outside that timeframe then you need to initiate civil action to recover your deposit.

    Best of luck to you.

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