I don't know if I am talking to the right people but I will give my question a shot anyway. I live in a South Florida rental community and have recently been served with a notice pursuant to Florida Statute 83.52 about my dog's barking habit.

I would be lying if I told you my dog NEVER barks. Every single dog that has working vocal cords barks. My dog may bark once or twice or sometimes never in any given night. Normally for about 5 seconds as whoever is walking within 10 feet of my second story balcony walks by. I can say that she NEVER barks for more than 5 to 10 seconds and its almost always in the late evening. (About 7pm) I am home 7 nights a week to sleep and believe me that IF my dog was guilty, I would definitely resolve the issue as I enjoy (and need) my beauty sleep. I know for a fact that my dog isn't guilty and have done everything short of recording her for 24 hours to prove it. My condo association is threatening to evict me in 7 days if I don't a problem that I don't have.

My questions are: Do they have legal grounds to do this without any proof other than hearsay? And: Do I have any recourse such as an injunction or other legal options to prevent them from kicking me out on some baseless accusation?

You would be best to consult an attorney in your area. Good luck.

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Debbie James, Realtor
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I agree with Debbie. I think that you are going to have to ask an attorney, unless you are happy with moving.

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Ryan A. Martin - Windermere Real Estate / Whatcom Inc.

Your Bellingham real estate professional specializing in the listing and sales of Bellingham condos. Also check out my Anacortes real estate website for information about Fidalgo Island and Anacortes, WA

An attorney will be your only option, but why not record the dog for 24 hours and prove your point? Heck maybe you are wrong and your dog is barking all day long while you are gone.

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My thoughts on the Sarasota Association of REALTORS actions.

I don't know what you should do, but I do know that dog lovers often are oblivious to the barking, they think it is cute, and very often tune it out. I have had neighbors dogs that kept me up barking all night at full moons many times. The neighbor apparently was not disturbed at all for they allways looked well rested and you never heard them telling the dog to knock it off. I would find myself in a rage in the middle of the night when I was desperately in need of rest and sound sleep. While you may tune it out and not hear it, imagine yourself trying to concentrate on work, study, or rest and something you find to be really obnoxious continuously disrupted you.

Perhaps you need a muzzle, a trainer, or some acreage.

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Cal
Orange Beach Condos | Gulf Shores Condos | Keller Williams Gulf States

The Gulfshoreslife.com Team serves the Baldwin County Alabama Real Estate market from The Eastern Shore of Mobile Bay to the Southern Shores of the Alabama Gulf Coast: Orange Beach, Gulf Shores, Fort Morgan, Point Clear, Fairhope, Montrose, Daphne, Spanish Fort, AL. Referals are welcomed. For more information on AL Gulf Coast Real Estate, please contact me or visit our website.

Sarasota Association of Realtors

<joke>A poem comes to mind....

Images
by Tyrone Green

Dark and lonely on a summer's night.
Kill my landlord. Kill my landlord.
Watchdog barking. Do he bite?
Kill my landlord. Kill my landlord.
Slip in his window. Break his neck.
Then his house I start to wreck.
Got no reason. What the heck?
Kill my landlord. Kill my landlord.
C-I-L my land lord!</joke>

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If you dog is barking at people that walk by can you close the drapes so it doesnt see the people and hopefully barks less.

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Ki Gray - Austin Realtor

Working in Austin his site covers the Austin Real Estate market. If you are considering investing in Austin be sure to check out his Austin Real Estate Blog or look through some of the Austin Homes currently for sale.

Well, being the owner of 3 dogs and living in florida...not that the florida part matters much other than the Florida Statute, what exactly does the Statute say...without me going and looking it up. You have the right to face your accuser, or at least contact the department that served the notice and ask them who it was exactly that filed from...was it your landlord or someone else that complained to your landlord. The condo association is threatening to evict you...have you spoken to them about it...what is their stance on this...is there something in the bylaws that prohibits this...sometimes just talking to people calmly fixes the problem that should have never occured.

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I have had a lot of listings where the owner tells me how calm and peaceful and easy to get along with their little fluffy snookims dog is.... and when they leave it is a drooling twitching wild eyed freak biting and barking like a demon from hell.

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Dan Connolly
Atlanta Georgia
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Without quoting the entire section, here is what your landlord is referring to, paragraph 7 states: If your dogs are disturbing the peace when you are not home, you are in violation of this statute if anyone makes a complaint.

As a property manager and owner of rental property, it is my responsibility to make sure ALL tenants have a safe, comfortable place to live that is within my power to provide. This includes (but is not limited to) removing any tenants that breach the peace.

I suggest as others have, contact an attorney, check with the local police department to verify whether any complaints have been filed (you should already be aware of this if there were).

Also, you may want to start looking for a new home or getting rid of the offending animals (I'm a pet owner as well and for me getting rid of my animals would not be an option).

Best of luck.

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Jessie: Panama City Beach Real Estate, Panama City Real Estate and Panama City Beach Condos