Portland, OR asked in Animal / Dog Law, Small Claims and Landlord - Tenant for Oregon

Q: I live in a multi family apartment complex, my neighbor makes a lot of noise, loud music and loud barking dog.

I have reported this to my landlord, property manager and leasing staff via email and in person more than 30 times since September 18, 2022, the day my neighbor moved in. But over 4 months later now very little has changed. My property manager kept asking me to present 3rd party confirmation but even when there are several confirmations, they are unable or unwilling to do anything much except inform my neighbor about my complaints. I plan to file a complaint against my neighbor in the Small Claims Court but I don't have the name/s of my neighbor yet and my landlord/property manager can't/won't let me know the name/s of my neighbor. What I understand is, in Oregon, "It is unlawful to permit any animal to unreasonably make a disturbance, such as repeated episodes of continuous noise lasting 10 minutes or episodes of intermittent noise lasting 30 minutes, providing someone did not intentionally provoke the animal other than the owner."

1 Lawyer Answer

A: First, if you are in Multnomah County and the dog either barks for more than 10 minutes straight or intermittently for more than 30 minutes, gather your proof (record it?) and file a complaint with Multnomah County Animal Control. The process can take some pursuit but they do try to enforce the ordinances. Second, you need to be sure you document each and every complaint to the landlord. Put it in writing and keep a copy, with dates, times, witnesses, etc. Then consider filing suit against your landlord for a reduction in rent and damages from their infringing on your right to quiet enjoyment of your tenancy. Of course, if you can get other tenants to join in your complaint, that is likely to help. Problems? Consider reviewing it all with a local landlord-tenant attorney

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.