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?

sounds to me like you need an attorney, not a real estate agent.

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Michael Paul

Eau Claire Homes for sale | Eau Claire Real Estate | Discount Realty Works

I'd check and see if you have a landlord/tenant council. We have one in Austin and it's free and mainly there to avoid getting the courts clogged up with trivial lawsuits. After all there are folks who need to sue for $54 million dollar pants.

Seriously though I'd contact the issuing authority, any free dispute resolution services, and the complainant directly before getting a lawyer involved. They are pretty expensive and maybe you can apologize, eat some humble pie and put the whole thing to bed quickly.

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Austin Texas Real Estate | Coldwell Banker Austin | Austin Texas Real Estate

First I would check with a lawyer.

I would also talk with the association and find out directly the nature of the problem. Is your dog barking while you are away at work? I've seen too many dogs that are quit and sweet turn into real barks when the owner is not around.

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Neal M
Jackson MO Real Estate, Cape Girardeau Missouri Real Estate, Cape Girardeau Real Estate
HouseViewOnline™ is southeast Missouri’s leading site for touring real estate online. See 100’s of properties from Cape Girardeau, Jackson, Perryville & Sikeston Missouri. Properties are displayed in photos taken by our professional photographer. We are proud to work with Realtors and real estate agents through out SE Missouri.

Usually, landlords don't send a court summons as the first sign that there is a problem.

I suspect that the management would have or should have spoken with the tenant first, then sent a letter confirming there was a problem before involving the courts. That's pretty crumby if it is.

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Randy Watson Texas Real Estate Agent
Mission Realty-San Antonio Real Estate
San Antonio Real Estate

I would absolutely get in touch with a lawyer as soon as possible. It might cost a little bit for the consultation, but it is definitely your best bet in this one!

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Andy Scherer
Senior Loan Specialist
Mortgage Trainer