Can landlord stop animal-killer?

Flying pellets ruin quiet enjoyment, safety

Inman News®

Q: My neighbor and I both rent single-family homes from the same landlord in a residential neighborhood. This neighbor, however, traps squirrels and feeds them live to his dogs. He also shoot birds and squirrels with a pellet gun, with the shots often hitting or ricocheting into my yard, nearly hitting my family or pets. Our enjoyment and use of the yard is affected by his shooting of birds and animals, and having to listen to his dogs tear apart live animals is disgusting.

We are in the middle of a one-year lease and can't move or we would be responsible for the remaining rent. What is the landlord's responsibility in getting the neighbor to cease this behavior?

A: While you have the same landlord as your neighbor, I think you should make your first call to local law enforcement to report the shootings and the near misses. Shooting any sort of gun may be illegal in your area, and law enforcement should be advised.

Illegal actions by tenants should always be brought to the attention of law enforcement first and then the landlord. Similarly, if your house was on fire you would call the fire department first and then notify your landlord.

You may also want to check with law enforcement and local animal control or animal advocacy agencies, as the shooting of birds and squirrels may be a violation even if shooting the pellet guns (i.e., target practice) is allowed. In many areas, even where squirrels are quite abundant, it is illegal to shoot or poison them. This is also true for snakes and many other animals.

I am not sure of your relationship with your neighbor, but if it is cordial then you may want to try to speak to him about your concerns before taking any other action. But you need to be careful, as some neighbors could react negatively to your request to cease this behavior and you could have even more pellets flying through your yard.

And you could contact your landlord in writing to let her know of your concerns. Be sure to clearly explain that you are unable to enjoy your property and that ricocheting pellets coming into your yard is a serious safety issue. You should demand that the landlord take steps to stop this tenant behavior immediately or that you may need to vacate the property for your safety. ...CONTINUED

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