Q: Our neighbor in the adjoining townhouse keeps multiple pets and does not take very good care of them. We can clearly smell the bad odor which ruins our backyard experience. Still, we kept quiet because she was otherwise a good neighbor, and we got along. Recently, she took in what we believe is a bobcat, and we are concerned it may be dangerous. Is there anything we can do? — Robert
A: The type of pet a person can keep in their home varies depending on where they live and the type of home. Different locations will have differing rules, as do apartments, townhomes, and single-family residences. The type of pet is regulated by law and sometimes by the community association. This information can usually be found online and in your association’s rules.
Standard household pets, such as dogs and cats, are exempt from regulations, as are less common but safe animals like rabbits and parakeets.
However, some animals, such as tigers, chimpanzees, and other larger predators, are considered too dangerous to be kept as pets. To keep one of these dangerous animals, potential owners must obtain a permit after demonstrating the necessary skills and experience to ensure the safety of both the public and the animal.
Other animals can also be kept as pets, but they require a less stringent permitting process. Examples include wolverines, alligators and ocelots. While obtaining a permit for these animals is relatively easier, it is still challenging.
Even if your neighbor is allowed to keep the number and type of pets she has, they still must be properly kept to ensure their health and not jeopardize her neighbors’ safety and enjoyment of their property.
Since you get along with your neighbor, speak with her and politely address your concerns. Hopefully, she can address your concerns and make an effort to mitigate the smell.
If this fails, your next step would be to speak with your community association. Part of the trade-off for living in a planned community is having management to help take care of these sorts of issues.
If nothing else helps, or things get really out of hand, you may need to seek relief from the judicial system in the form of a “nuisance” lawsuit. The court will consider whether your neighbor is unreasonably interfering with your enjoyment of your home, weighing both of your rights to decide what is fair and permissible.
If the judge feels that your neighbor is overstepping, she can grant an “injunction” ordering your neighbor to clean up the mess and find a more appropriate home for the unauthorized animal.
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.
