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What are my rights for breaking my lease due to a dog barking?

Miami, FL |

I moved in here and from the day I moved in I have listened to several dogs bark it's all day every day I have written emails explaining the dogs barking the response every time is I'm sorry we will serve them with a final notice 8 months later I'm still listening to dogs bark I also have called security on several occasions complaining nothing gets done what are my legal rights for breaking my lease and getting my deposit back ? Thanks Denise Bannick

Attorney Answers 2


Have you called animal control and/or the police? Who have you written the emails to? Have you kept a log of the barking (dates, times, etc)? Do you know whose dogs are barking? Have you talked to the dog's owners

I doubt that you will be able to break your lease and get your deposit back but it won't hurt to ask.

If we do not have a signed fee agreement I am not your attorney and this is not legal advice.

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Thanks for your reply No I have not called animal control or the police and I have sent numerous emails to the manager of the complex and I did not confront the owners of the dog and yes I know who's dog's they are. I just did't feel it my position to confront the owners as to not have a bad situation you never know people and how they may react I felt It to be the complex or manager of the complex to handle this situation.


The other attorney gave you good advice. You might be able to break a lease if the landlord fails to provide "peace" but whether it is within the landlord's control is another issue. I have had similar cases in the past, and it was not easy to come up with a definite answer as to the tenant's rights.

The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many other important facts to consider. Also, the law is constantly undergoing change, so what may be correct today, may not be accurate tomorrow. Only a full consultation with an attorney experienced or knowledgeable in the specific legal subject matter is likely to result in the optimal course of action. My practice has entailed more than a 30 year span of many real estate issues. Find out more about me at:

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When you say within the landlords control is, what would be an example? Really as it is the dog I'm complaining of is over weight they have a weight limit of 25 llbs lol not trying to sound like i'm looking for reasons but really they do have control the dog shouldn't be here to begin with.. Iam making logs of when i call emails etc! Thanks Denise

Rex Edward Russo

Rex Edward Russo


Sounds like the landlord has ability to control the situation. Keep making your case. If the dog is over the weight limit, that helps. Bigger dog, bigger bark (usually). If you feel you have a good enough record of activity, then I'm here to help get the case started if that is what you desire.

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