Legal Question in Landlord & Tenant Law in Florida
Landlord/Tenant dispute - pets
The new manager of my mobile home community wants to enforce the leashed pet rule upon my semi-feral cat. Can I subpenoa their records to see if this is the first cat at large lawsuit in ten years, and if it is does that make the rule invalid through disuse? The canal where she spends most of her time is not on park premises, since the border runs just outside my back door. It's privately owned county land, not in any city. Should I wait until they file to request documents to defend my case? Can I prevail if I can demonstrate that several other cats in the park are often outside and no one has asked their owners to keep them in? She is licensed and has a microchip to ensure her return if captured by the shelter. Our dog was poisoned recently and the surviving cat is my 80-year-old mother's sole companion besides myself. I am not a warm loving man. Mom needs soft contact to stay emotionally healthy. What is my best defense outside of the impossible (keeping her inside)? I have no problem with paying to repair any scratches she may put on my neighbors' cars. I've been a resident here for twelve years, and this is the first time I've heard of an attempt to enforce the leashed-cat rule.
1 Answer from Attorneys
Re: Landlord/Tenant dispute - pets
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If you chose to challange the mobile home community, you may end up losing which could be very serious in Florida. More and more communities are closing each week and people are having problems finding a space to live. You should consider mediating your dispute with a professional mediator before any lawsuit is filed by either party and see if an amicable resolution can be reached between the parties.
Scott R. Jay, Esq.
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