1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFFS’ VERIFIED COMPLAINT – 1
XXX
XXX
Plaintiffs in pro per
IN THE CIRCUIT COURT OF THE STATE OF XXX
FOR THE COUNTY OF XXX
XXX DEPARTMENT
XXX
Plaintiffs,
vs.
XXX, LLC
D/B/A ANCHOR NW PROPERTY GROUP,
Defendant
Case No.: XXXX
PLAINTIFFS’ VERIFIED COMPLAINT
NOW COME XXX, Plaintiffs, and file this Complaint
against Anchor NW Property Group, LLC d/b/a Anchor NW Property Group, Defendant, and for
cause would show this Honorable Court as follows:
A. PARTIES
1. Plaintiff XXX (hereinafter referred to as “XXX”) is a female adult of
sound mind and a resident of 1807 N. Prescott St., Portland, OR 97217.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFFS’ VERIFIED COMPLAINT – 2
2. Plaintiff XXX (hereinafter referred to as “XXX”) is a male adult of
sound mind and a resident of XXXX.
3.XXX will collectively be referred to as “Plaintiffs.”
4. Defendant Anchor NW Property Group, LLC d/b/a Anchor NW Property Group
(hereinafter referred to as “Anchor” or the “Landlord”) is a limited liability company
incorporated in the State of Oregon and whose address known to Plaintiffs is XXX
B. JURISDICTION AND VENUE
5. Jurisdiction exists in this Court pursuant to Oregon Revised Statutes § 14.030.
6. Venue is proper in this Court pursuant to Oregon Revised Statutes § 14.080.
7. All parties are residents of the State of Oregon. The causes of action described
herein took place within the County of Multnomah.
C. STATEMENT OF FACTS
8. On XXXX, Plaintiffs signed a rental contract for a lease for 12 months
of studio apartment #521 at The XXXX apartments managed by Defendant. The agreed
rate was $1,225 per month, including utilities.
9. On XXX, XXX paid prorated first month’s rent of $426.35.
10. On XXXX, XXX XXX took possession of apartment #521.
11. On XXX, XXX paid XXX rent and utilities totaling $1,324.52.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFFS’ VERIFIED COMPLAINT – 3
12. On XXX, XXX emailed Jill Clark, Defendant’s agent, about a
howling dog which sounded as if it was in distress for more than 11.5 hours. XXX also called and
left a voicemail at Defendant’s corporate office with the same information.
13. On XXX, XXX left a note on the door of tenant #523 stating that the
dog was howling nonstop and that it had to be dealt with. Julian recorded the noise as can be
seen here https://www.youtube.com/watch?v=guD_CobTc6o.
14. On XXX, Jill responded to Lisa’s email and asked if the situation
had resolved itself. XXX stated that the dog’s howling continued to be a persistent problem that
needed to be dealt with.
15. On XXXX, Plaintiffs went to Defendant’s corporate office and
explained the situation to Jill. She declined to hear the audio of the incessant howling recorded
by XXXX, said she was the manager of 16 buildings and that she couldn’t do anything about it.
Jill went ahead to state that a tenant had threatened another with a knife and she couldn’t do
anything about it, implying that Plaintiffs’ situation was less worthy of her attention.
16. XXX left a letter with Jill explaining the situation, management’s unwillingness to
remedy the situation and notice of intention to sue.
17.XXXX, another of Defendant’s agent, emailed Plaintiffs with an offer to
transfer to another unit on the fourth floor at $1,325 per month, and the $500 fee would be
waived. Lisa stated that she would have to check the apartment to see if it was far enough from
the howling dog and that she would pay the same amount she had been paying since she was
moving as a result of circumstances beyond her control.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFFS’ VERIFIED COMPLAINT – 4
18. XXXX, Defendant’s Operations Supervisor emailed Julian and informed him
that they were working on the issue and that Plaintiffs did not have any right to sue and that they
could transfer at the market rent.
19. XXXX responded and stated that transferring at a higher rent was impossible and
that Plaintiffs would file suit if the dog’s barking and howling was not resolved by XXX. Plaintiffs’ request for a transfer at the same rental price was denied.
20. Plaintiffs received a note from the tenant of door #523 stating that he was sorry
about his dog which had separation anxiety issues.
21. On XXX, the barking dog was given to a friend or relative of tenant
#523 in the lobby of the apartment. It was quiet for the remainder of the month.
22. On XXX paid rent and utilities for the month of March totaling
$1,324.52.
23. On XXX, Plaintiffs saw the dog being returned to tenant #523 in the
lobby.
24. On XXX, the dog began howling again and scratching the door from
inside. Julian got a recording of the howling. One of the maintenance staff was working when
Julian went out to explain the barking and howling situation to him. Julian explained it was a
regular thing and the man promised to relay the information to management.
25. On XXX, XXX paid rent and utilities totaling $1,324.52.
26. The dog continued barking and howling on April 15 th , 16 th and 23 rd .
27. On XXX, XXX paid rent and utilities totaling $1,324.52.
28. On XXX, XXX paid rent and utilities totaling $1,324.52.
29. On XXXX , the dog continued barking and howling.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFFS’ VERIFIED COMPLAINT – 5
30. On XXX, exhausted and anxious from sleep, the unpredictable
nature of the dog barking and howling, and the fear of retaliation if he complained, made the
decision to move back to his parents’ house.
31. On XXX, XXX mailed a letter to Defendant, explaining that the dog noise
problem had not been resolved, Julian was not able to live peacefully, and Julian was going to
move out of the apartment. In addition, Lisa asked to be released from rental contract effective
XXX through XXX, the end of the 12-month lease, without penalty or fees.
XXX also informed Defendant that she would be suing in small claims court to be released from
the contract within 7 days of the letter, if the contract was not cancelled during that time.
32. On XXX, as XXX assisted Julian with removing boxes of personal items
from the apartment, the dog began howling again.XXX recorded the audio of the noise.
33. On XXX, Jill responded, again, neglecting to address the noise
complaints, that Julian himself needed to inform Defendant of his intention to terminate
residency, and threatened a lease-break penalty.
34. XXX responded that he, in fact wished to terminate residency effective XXX, through the court system, because the terms of the lease were broken by Defendant.
D. CAUSES OF ACTION
Cancellation of Contract (Lease)
35. Plaintiffs hereby incorporate by reference the facts set out in ¶ 1-34 of this
Complaint as though set out in full herein.
36. The barking and howling of the dog of the tenant at apartment #523 increasingly
became a menace to Plaintiffs as well as other tenants.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFFS’ VERIFIED COMPLAINT – 6
37. In good faith, Plaintiffs informed Defendant of the howling so it could take steps
to ensure that tenants liv3ed in peace. Defendant’s employees and/or agents declined to assist
Plaintiffs in regard to the noise complaint.
38. Plaintiffs were very open to the idea of moving to another apartment, on
conditions that it was far enough from the barking dog and that they would continue paying the
same amount of rent. Defendant refused to allow Plaintiffs to move to another unit while paying
the same amount of rent.
39. Defendant’s continued refusal to remedy the situation meant that Plaintiffs’
quality of life and peace were disturbed. Plaintiffs have no control over the lives and activities of
other tenants. It was Defendant’s duty to ensure that there was no excessive barking and howling
by the dog.
40. Plaintiffs have no control over the actions of other tenants. All of Plaintiffs’
reasonable efforts to resolve the situation without any authoritative involvement have been futile
as Defendant’s employees and/or agents have declined to do so.
41. Plaintiffs had to move out as they could not continue living in an apartment with
so much noise from excessive barking and howling of a dog to an extent that they could not sleep
at night. The howling of a dog in distress for days without end can also be disturbing to the mind.
42. Since Defendant has refused to reasonably remedy the situation of the barking and
howling dog, Plaintiff seeks a judgment terminating the lease effective XXX.
Declaratory Relief re: Cancellation of Contract (Lease)
43. Plaintiffs hereby incorporate by reference the facts and cause of action contained
in ¶ 1-42 of this Complaint as though set out in full herein.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFFS’ VERIFIED COMPLAINT – 7
44. In the above-captioned matter, an actual controversy has arisen and now exists
between Plaintiffs on one hand and Defendant on the other, regarding termination of the lease.
45. Specifically, Plaintiffs contend that no further sums are owed under the lease.
46. A judicial declaration is necessary and appropriate at this time under the
circumstances in order that Plaintiffs may assert that they have no further obligations in the lease.
47. Plaintiffs seek a judgment declaring that the lease terminated effective June 30,
2022.
E. PRAYER FOR RELIEF
REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully request
this Honorable Court to grant them the following reliefs:
a. GRANT judgment in Plaintiffs’ favor and against Defendant;
b. TERMINATE the lease effective June 30, 2022;
c. ISSUE a Declaration that the lease is terminated effective XXX; and
d. AWARD Plaintiff the costs of this suit.
Dated this ___ day of XXX.
Respectfully Submitted,
___________________________________
Lisa Gail Freeman
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFFS’ VERIFIED COMPLAINT – 8
___________________________________
XXX
Plaintiffs in pro per
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )