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I am being evicted from my apartment. They said I have a dog…

I am being evicted...

I am being evicted from my apartment. They said I have a dog and I don't. In the past my son's friend brought a dog over the apartment and they gave me a warning. Now they said that we were by the pool area and they saw the dog. They gave me a 7 day notice to leave the apartment.

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

Florida

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No Issues

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

1 year lease

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Answered in 5 minutes by:
4/26/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

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

You can go to court and dispute the eviction if there is no dog living with you. They can only make you leave if they can prove that you broke the lease, and that means showing that a dog is living with you. A dog in the pool area doesn't automatically mean that they're living with you. You can testify that the dog belongs to your son's friend. Your son and his friend can both testify that he owns the dog and that it does not live in your unit. They are required under Fl. Stat., Section 83.56(2)(b) to give you a chance to remove the dog, even if he was living with you. And someone seeing a dog twice should not constitute the "subsequent or continuing noncompliance within 12 months" required for them to evict you without allowing you to correct the problem.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Customer reply replied 3 months ago
Thank you for the quick reply. I went and spoke with the management office. She said she has giving me 3 notices. But I have only received 2. I am only concern for my credit. She said they want us out. She stated that it's also because of the breed. But how do they know what breed is the dog? There are Pit Bulls and German Shepherds living in the complex. Do you think I have a chance going to court?

The breed is irrelevant, since it's not your dog.

They can choose not to renew your lease, but they can't evict you unless you break the lease. Since the dog doesn't live with you, the lease isn't broken. As long as you have evidence that the dog isn't yours, yes, you have a good chance at winning in court.

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Customer reply replied 3 months ago
Should I wait for them to initiate the court process or should I? Should I write them a letter? Thank you for your help.

You could try sending the management a letter confirming that you do not own the dog, it doesn't live with you, and it will not be returning to the premises. If you could get anything from the real owner, that might help.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified
Lucy, Esq. and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 3 months ago
The problem is that I have asked them to not bring the dog back. But I am not even sure if its the same dog! I spoke with my son and he said that the event they are talking about never happened. They said in the notice that the owner of the dog brought it back to my apartment. But I have never been in the pool area since I moved in. I will get a letter from the owner!Thank you for your help it is greatly appreciated.

You can also testify if necessary that you have never been to the pool. If you have any evidence showing you were elsewhere at the date/time in question, that will help. And your son plus his friend can testify they weren't at the pool either. That should help your case.

I'm glad I could help. Good luck.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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