RE Q&A: How Can We Stop the Barking Dogs?
Constant dog barking may be a legal nuisance. Try talking to your neighbor, then the HOA or city. Document incidents if legal action is needed.
FORT LAUDERDALE, Fla. – Question: Our next-door neighbor lets her three dogs live in the fenced-in backyard, and they bark constantly, even late into the night. They are good neighbors, other than that, so we have tried to be patient, but we need a good night’s sleep. What can we do about this? —Graciela
Answer: Pet owners bear legal responsibility for their pets’ behavior, including disruptive barking or noise.
Such disturbances can be considered a legal “nuisance,” which typically applies when an animal continually barks, howls, or infringes upon public peace.
To address the issue, the initial step is to speak with your neighbor and seek a resolution. They may not even know it is bothering you and fix the issue as soon as they know it is a problem.
Since many planned communities restrict homeowners from leaving their pets outside, consider contacting your homeowners’ association for assistance. Your community’s property manager can speak with them or send them a warning letter. Sometimes the threat of a fine can produce better results than a polite request.
If you do not live in a planned community or previous attempts to resolve the issue prove ineffective, you may need to file a complaint with your municipality.
Like some associations, many towns and cities have rules about animals left outside. Your complaint will need specific details, including a documented log of incidents, including the dates and times when disturbances occurred.
If the problem is bad, you can take legal action against your neighbor to stop their disruptive behavior.
By filing a lawsuit, you can compel your neighbor to stop the nuisance and, in certain limited circumstances, seek monetary compensation if you can prove financial losses linked to the issue.
To succeed in such a case, you will need to prove that the nuisance persisted despite prior requests and that it significantly detracted from your enjoyment of their home.
If the property is rented, the landlord must be included in the discussions and later in the lawsuit.
Because community rules and local regulations governing these issues are frequently updated and vary widely, verify which applies to your situation before taking action.
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