Can I take legal action against our landlord for negligence in enforcing rules?
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Can I take legal action against our landlord for negligence in enforcing rules?
We live in a trailer park. Our neighbors have dogs out unchained without any fences or other restrictions. We have contacted our lot manager about this repeatedly over the past year. She claims that she can’t force them to follow the rules, even though they are breaking the law. We have called the dog warden and the sheriff department, but they say it is her responsiblity. Can we take legal action against her, or the trailer park owner, to force them to act. They have created a dangerous environment for the children in the park with their negligence.
Asked on May 12, 2009 under Real Estate Law, Ohio
Answers:
J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
What i suggest is writing a letter to the landlord explaining that they are drpriving you of your quiet enjoyment of the premises and are creating a private nuisance for which you intend to take legal action if the situation is not remediated within 76 hours. If the landlord fails to respond, i would file a lawsuit in small claims court against the dog owner and landlord asking a judge to enter a an order requiring the owner of the dogs to have them on leashes in accordance with OH leash statute.
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