Dealing with Constantly Barking Dogs: A Guide for Frustrated Neighbors

Introduction to the Problem

Q: 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

A: 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.

Approaching the Neighbor

Initial Steps

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.

Involving the Homeowners Association

Community Rules and Regulations

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.

Filing a Complaint

Municipal Involvement

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.

Legal Action

Lawsuit and Compensation

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.

Conclusion

Dealing with constantly barking dogs can be frustrating, but there are steps you can take to address the issue. From speaking with your neighbor to filing a lawsuit, it’s essential to approach the situation in a systematic and legal manner. Remember to verify the community rules and local regulations that apply to your situation before taking action.

FAQs

General Questions

• Q: What is considered a noise nuisance?
  A: A noise nuisance typically refers to continuous barking, howling, or any other noise that infringes upon public peace.
• Q: Do I need to involve my homeowners association?
  A: If you live in a planned community, yes, involving your homeowners association can be an effective step in resolving the issue.
• Q: Can I sue my neighbor for the disturbance?
  A: Yes, as a last resort, you can take legal action against your neighbor to stop the nuisance and potentially seek compensation for financial losses.
• Q: What documentation do I need to file a complaint?
  A: You will need a detailed log of incidents, including dates and times when the disturbances occurred.

  Because community rules and local regulations governing these issues are frequently updated and vary widely, verify which applies to your situation before taking action.

  Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.