Neighbors dog tried to attack my husband this morning by coming under our fence. In an apt community, what are our options??

Asked about 1 year ago - Virginia Beach, VA

I have 2 small children and I take them out regularly as well as taking the trash out through the back. It appears that the dog is a pit bull and is VERY aggressive. In fact, when they walk him, he is muzzled. I filed a complaint this morning with the LL as well as took pictures of the dog who just happened to be still in their back yard barking at me, and e-mailed to LL. They are sending a violation of lease to that neighbor who also apparently didn't let the LL know they had a pet and a restricted breed at that. LL told me they would have to get rid of the dog or face eviction proceedings. Is there anything else I can do in the meantime besides keep my kids in the house and be careful going to my car?

Attorney answers (2)

  1. Ted James McClain

    Contributor Level 3

    1

    Best Answer
    chosen by asker

    Answered . You have taken the appropriate first steps. Another option available to you would be to file a nuisance or trespass action. You may also want to check with your local dog warden to ensure that your neighbors pit bull has the appropriate license(s). You can also check your city/community ordinances concerning ownership of certain breeds of animals as there may be restrictions. I would also ask your landlord about the time frame he is giving your neighbor to bring his property into compliance with his lease-- especially since this is an aggressive animal and you have small children. (Expressing your concern to your landlord for the welfare of your children considering this specific animal's aggressive disposition would cause any prudent landlord to take swift action-- especially since it is a restricted animal per your and everyone else in that neighborhood's lease agreement. Your reliance on that representation in moving into that neighborhood with small children and the landlords failure to rectify the problem after it was brought to his/her attention may expose him/her to liability)

  2. Elizabeth Lorraine Elliott

    Contributor Level 14

    Answered . Report it to animal control.

    This is not to be construed as legal advice. I do not have an attorney client relationship with you.

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