Can I be evicted because a neighbor says that mydog is being aggressive towards her?

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Can I be evicted because a neighbor says that mydog is being aggressive towards her?

She has admitted that she is afraid of all dogs no matter the size. I have a lab.

Asked on January 13, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As a legal matter, a tenant who deprives other tenants of the right to "quiet enjoyment"--that is, who prevents them from effectively, without disturbance, making use of their rented space--can be evicted, though he or she must first be given a  notice to cease doing whatever is disruptive and a chance to amend his or her conduct. In this case, you'd have to be given a chance to get rid of the dog, keep it only inside, etc. As a factual matter, if you dispute the factual allegations, if the landlord tries to evict you, you could try to prove that this is not the case--that your dog is well-behaved and the neighbor simply is afraid of all dogs. Of course, it may be hard to win a case like this, if there is testimony that the dog has lunged, threatened, etc. another person.


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