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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27682
Experience:  Lawyer
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My neighbor wont secure their dog. The dog comes in my house

Customer Question

My neighbor wont secure their dog. The dog comes in my house stealing food. The dog has been took away by the dog pound and police but yet the owner always gets the dog. You can count the rib bones on this dog. It attacked my poodle while in my house didn't cause injury. Now I'm tired of this. Police says we have to nice about this or they will arrest us. When it is we that is harrassed by the dog. We have a doggie door for our dogs and they insist that I should keep it closed. I didn't buy whatthat to keep my dogs locked in. The owner admitted she only feeds the dogs once a day. Its been in my house over 15 times. They know where the dog is getting out but wont do anything at all about it. I have called the shelter about no water in 100 degrees heat. Only 1 doghouse for 3 large dogs during winter. Now they say there is no record of any calls regarding dogs.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

First, you can continue to call Animal Control or the Humane Society if you see the dogs being locked out in extreme heat or cold. You can also call animal control to come pick up the dog when he's in your house.

The other option is to file a lawsuit against your neighbor for nuisance and trespass (by allowing the dog onto your property without your consent, the neighbor is actually trespassing). The judge can order damages based on the inconvenience to you and the lose of the use and enjoyment of your property. However, the judge can also order them to fix whatever is causing the dog to get out and make efforts to ensure that the dog doesn't get out again. They can be fined for not following the court order (or, if it gets really bad, they can go to jail). The other option is to send them a cease and desist letter, via certified mail, giving them one last chance to secure the dogs before you go to court (and ask for them to have to give you money), They may take a letter more seriously if it is sent via certified mail or written by a local attorney.

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