Senior Rear Neighbors Making FALSE Claims Regarding Dogs Barking Unlawful Eviction

Discussion in 'Eviction, Recovery of Premises' started by DogWoes, Oct 27, 2013.

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  1. DogWoes

    DogWoes Law Topic Starter New Member

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    I'm being threatened with eviction because the Sheriff has been called to my house THREE times this week because of my dogs. I own two Saint Bernard's and a Great Dane. There's a senior mobile home retirement village behind my home and the tenants directly behind me have called the Sheriff because of nuisance barking. Twice falsely, the dogs were inside asleep when they were supposed to be outside "barking". Here's the thing, only one of my dogs can actually bark the two Saints (both rescues) were de-barked at some point. The first call out was this past Tuesday 10/22 and there was someone sifting through garbage cans on my street so YES my Great Dane was barking, but so was EVERY dog on the street INCLUDING the people that called in the complaints Chihuahua. Did the sheriff write everyone a ticket? No just me. My letter from my landlord arrived on Saturday saying that he had received multiple complaints that my dogs were being abused, mistreated, and not fed for days on end and my options were to give up my dogs or face eviction. I've NEVER had any problems before, and because I adopted my Saint Bernard's from a rescue they STILL perform random welfare checks. They always find my home to be clean and my dogs fed and well cared for. If at any time I did not meet the terms of my adoption agreement they reserve the right to remove the dogs, but I have passed every random check with flying colors. I've even come home to find them waiting at my door (no way to prepare for that), and amazingly the dogs weren't being a nuisance then. Is there anything I can do to fight this? It's getting ridiculous. Really it is the last two call out the dogs were INSIDE asleep. I was completely blindsided by these complaints, no one mentioned anything, if they had I would've taken steps to curb Tuff's barking when hobo's go through the trash.

    I've started looking for alternative housing but it's difficult to find housing that will allow 3 XL breeds on such short notice.

    I reside in Kern County, California
     
  2. disagreeable

    disagreeable New Member

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    You can certainly appear in court and present your side. There is not a magic response that allows owners of dogs to escape barking complaints. Everyone is entitled to enjoy their property without barking.
     
  3. DogWoes

    DogWoes Law Topic Starter New Member

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    I don't want to 'escape'. As I said I'm already looking for alternative housing, in the meantime I need to know how to handle their constant harassment and false complaints. (Three times in one week and my landlord?! Really?) In my personal opinion their Chihuahua's non stop yapping is far more irritating and grating than the deep bark of my dane (that barks when hobo's are riffling through our trash, or as we found out earlier this evening breaking into our neighbors home unfortunately he couldn't bark to alert anyone as he was inside in his crate for the evening already)
     
  4. disagreeable

    disagreeable New Member

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    Removing your dogs will remove the ability to substantiate they are the problem to some extent. I would formally document it.
     
  5. DogWoes

    DogWoes Law Topic Starter New Member

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    Formally document it how exactly?
     
  6. army judge

    army judge Super Moderator

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    Hmm, me, my wife (perhaps), my children, or just me; or some dogs....

    That's NOT a hard choice.....

    As a stopgap, emergency measure, why not board your dogs until you can work out a solution/compromise?
     
  7. disagreeable

    disagreeable New Member

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    Boarding them would be an excellent way to document.
     
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