Eviction Rights Regarding Barking Dogs

There has never been a breed of dog that doesn't bark. Thus, there will never be a rental agreement that isn't contingent on your dog being quiet when it's told to be. No matter the time of day, almost every jurisdiction across the United States has local or even state ordinances regarding the nuisance levels of barking dogs. Persistent violations of these ordinances can result in problems for both the renter and the property owner, and it's important both parties know their eviction rights regarding a barking dog.

Understanding Your Eviction Rights for Barking Dogs

It's important you heed any complaints from your neighbors regarding your dog possibly being a nuisance, as if you ignore your neighbors, police complaints may be entered against you. The entire issue can be cleared quite peacefully if you're willing to take measures to quiet your dog, assuming your dog is in fact presenting a noise disturbance. Training your dog with the use of training aids such as electronic collars, or manually restrictive (choke) collars can help, but if these prove to be non-effective, you may need to seek professional assistance.

• If the complaints from your neighbors haven't led you to believe there is a problem, your neighbors have the right to call the local police department and inform them that your dog is proving to be a nuisance.
• The police will take measures before approaching you to assure that the claim is valid, and if it is they will inform you that you need to do something about the barking problem.
• There will usually be a series of warnings given to you from the police department before a monetary citation will be issued to you.
• If your landlord is made aware of the problem at this point, he has the right to evict you for the continued police contact unless you alleviate the situation.

If you take care of the situation, either by having the dog trained to quiet itself or by getting rid of the dog, you may have your neighbors verify with your landlord that the situation has been calmed and your dog is no longer a disturbance. Your landlord may still proceed with the eviction, however, this will provide you with a feasible argument against the eviction in court, which is also your right in almost any eviction proceedings.

If you refuse to do anything about the noise your dog makes, and the nuisance continues, not only can your landlord evict you but you may be arrested and your dog may be confiscated by the local humane society.

Getting Help

If your landlord is threatening you with eviction as a result of a barking dog, you should contact an experienced attorney. Your lawyer can help you understand your legal rights and can assist you in dealing with the landlord and in understanding what steps you can take to avoid eviction.