Legal Question in Civil Litigation in Florida

An uncooperative neighbor and there 4 Great Danes who bark through the night.

I live in a city where the houses are not that far apart from one another. My neighbor two houses away has 4 Great Danes that are left outside during the night hours. These dogs will bark sometimes for 1 even up to 2 hours at a time. I have contacted them and asked them to please put there dogs inside at night and their answer to me is just "deal with it." I have been trying to do just that. However even with ear plugs windows closed the loud barking in the quiet night sounds as if it is right ouside my window. I have talked to several other neighbors who have also talked to these [people with the same result. Can I pursue this legally or Do I just have to learn to live with it Please help me this has gone on now for 3 years. My parents and family have come to visit and will no longer stay with me due to the sleep deprivation they encounter.


Asked on 9/21/00, 10:38 am

1 Answer from Attorneys
Stephen Verbit Stephen R. Verbit, P.A.

Re: An uncooperative neighbor and there 4 Great Danes who bark through the night

Yes, you can pursue this legally. You do not have to learn to live with this. One of your rights as a property owner is known as the right to the quiet enjoyment of your property. A condition that interferes with that right is known in the law as a nuisance. The noise from your neighbor's dogs barking all night would most likely be deemed a nuisance. If you file a lawsuit, you have a good chance of getting an injunction against your neighbor that prohibits him or her from letting the dogs out at night to bark. If your other neighbors will support this effort, your chances of succeeding are even better. If I can be of further assistance, please do not hesitate to contact me.

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Answered on 10/20/00, 8:17 am


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