Northwest Senior Housing v. John Charity (2011)

Decision

Plaintiff's request for execution is denied based on the following findings:

1.  Plaintiff had claimed that the defendant's dog had been running loose around the apartment building, not on a leash, in violation of the Pet Ownership Agreement & Rules (Ex. # 1).   The agreement was signed by the landlord and defendant in March 2009, and requires that the defendant “provide total care for the pets in such a way that they do not become a burden or nuisance to other Residents ․” An unsigned and undated second document entitled Susan M.B. Perry Senior Housing Pet Rules requires the pet be kept on a leash at all times.   Testimony at hearing indicated that the defendant's dog was small, weighed about 14 pounds, and was well-behaved and friendly.   No testimony was offered of any behavior that would significantly violate the rules of the pet ownership agreement.

2. Defendant has agreed to the removal of any firearms kept in the apartment.   He is ordered to do so as a part of this decision.   If defendant fails to remove weapons within 45 days of this decision, Plaintiff may renew its request for execution of judgment.

3. Both Plaintiff and Defendant provided testimony from other tenants in the building regarding comments exchanged between defendant and Mabel Cloney.   Sufficient testimony was submitted to establish that the defendant and Ms. Cloney have issues with each other.   However, there was insufficient testimony to find that it was solely defendant's fault the quiet enjoyment was breached.   It would appear to this court that both parties were equally responsible for any disruption.   This court would strongly recommend that the tenant association consider requiring both individuals submit to tenant mediation.

Corinne L. Klatt, J.

Klatt, Corinne L., J.