Change in pet policy -- Grounds for breaking lease?

My apartment complex changed its policy a few months ago and now allows dogs up to 75 pounds, although there are many much larger than that. New management took over in February and fired all the maintenance workers and outsources the work.

I'm not a fan of dogs to begin with and have lived here for 8 years. I'd say three-quarters of the people living here now have dogs.

The amount of dog feces on the sidewalks and the grassy areas next to the walkways is ridiculous. I called about about a particularly gross pile out in front of my building on the sidewalk two weeks ago and it was never cleaned. At least one person finally stepped in it and someone put a piece of paper over it, but it's still there.

I'm also sick of people walking their dogs in the morning right outside of my bedroom window and shouting at them. Not only does it wake me up, but scares the heck out of me when someone's abruptly wakes me shouting at the top of their lungs.

I've complained about this and the leasing agent was sympathetic, but said the property owners won't budge on letting me break my lease without paying the 2-month penalty. I'm leaving no matter what and gave 30 days notice. At worst, I'll have to pay the penalty.

Do I have a case here to get out of the lease without paying? In my opinion, the apartment broke my lease when they started allowing dogs.

[able1]

It is permitted to break the lease (or sue for the decreased lease value in small claims) if they have failed to comply with the lease and/or there are health, noise or safety concerns--but save all information, evidence etc. in case they dispute the situation and try to take you to small claims court.

As a co-op owner who occasionally cares for a visiting dog, I would never allow it to defecate on a walkway.

As for owners shouting at their dogs. that's part of the mix of noise in an urban area and for you to single out pet owners who may be trying to curb their dogs is kind of ratty on your part. Get over it!

I do hope you are allowed to leave your lease. Bon Voyage!

victoria_victoria432@hotmail.com

[OHlandlord]

Make sure you document the conditions that have changed (dated pet feces photos, audio recording of the noise outside your window with the time stated, copies of LETTERS written to management complaining about these issues, etc.) I see this one going to court over the lease break fee. Unless this building was designated as a No Pets building when you moved there, it is the owner's right to change the terms of the leases over time. However, that does not give these pet owners the right to allow their pets to use the sidewalks as their toilet. A specific area should be designated as a Pet Walk area so it does not interfere with the rights of non-pet owners. Or the complex should have a policy of owners cleaning up after their pets (pooper scooper rules - as we call them). Are there any such rules in place?