Harold lives in the apartment unit next to Amelia. She is the proud owner of a pit bull named Sickem. Pets are allowed in the rental complex, which is a primary reason why Amelia rents there. She was once accosted and sexually abused by a person during

Question

one of her regular jogging trips. Following that experience, she purchased the trained dog, Sickem, which accompanies her whenever she leaves her apartment. Frequently Harold encounters Amelia about the premises, with Sickem on a leash. Sickem always growls at Harold, stares at him with menacing eyes, and pulls on the restraining leash in a threatening way. Each evening, at a fairly late hour, Amelia lets Sickem run free outside for about sixty minutes. Harold is deathly afraid that sooner or later he will face Sickem in the dark and that Sickem will attack and perhaps maim or even kill him. Which of the following actions should Harold take? Explain your answer. a . Harold should tell Amelia of his fears and demand that she never untie Sickem. If she refuses, he should sue Amelia for tort damages based upon the fear he is suffering. b. Harold should simply be careful to look and listen before getting out of his car to make sure that Sickem isn't in the vicinity. c. Harold should inform the apartment manager, in writing, that he demands the eviction of Sickem because it is dangerous. Failing eviction, Harold should refuse to pay rent until the manager solves the problem. If sued for rent, Harold should defend on the basis of a constructive eviction. d. Harold should telephone the police, file a written report, and thereby make a formal record that the complaint has been made.

Answer 1

The correct answer is (c). There usually is no point in one tenant making demands upon another; both are paying rent and expect to be able to do what they choose. Pets are permitted and Amelia, no doubt, would assure Harold there would be no problem. Harold doesn't have to avoid the dog — he pays rent and is entitled to feel safe. Harold can call the police, but no crime has been committed. The police, at best, would record a memo in their daily reports. The key is for Harold to inform the landlord, and withhold rent if necessary. This places the burden on the landlord, who is
best able to take appropriate action. (Meanwhile Harold should stay inside his apartment when Sickem is running free late at night. Investment in a can of "mace" or pepper spray, after consulting his experienced friendly postal delivery person, could also be a prudent measure.)