(WSVN) - There are all kinds of complaints about a neighbor, but how about this one? Your neighbor in the condo above lets their dog urinate on their balcony, and it drips every single day onto your balcony. What can you do about it if they won’t stop it? Lets bring in Help Me Howard With Patrick Fraser.
Mercedes is originally from the Dominican Republic, and Daniel is from Haiti, so of course, when they retired in New York, they chose to live in South Florida.
Mercedes Delbeau: “Because it’s similar to our country. It makes you feel like you’re back home, but you’re in the United States.”
Another benefit: They went from blistering winters in New York to breezy afternoons in Coral Gables.
Mercedes Delbeau: “The balcony was a selling point in the view. As you can see, the view is beautiful.”
And then began the drip, drip, drip.
Mercedes Delbeau: “Pee dripping to our balcony.”
Staining their balcony every single day … and stuffing their noses.
Mercedes Delbeau: “I don’t know if you’ve ever been in a pet shop where they have dogs and cats. That’s that kind of smell. It is really bad; it gives you a headache.”
Of course, the upstairs dog had to go to the bathroom once or twice a day, and once or twice a day, Daniel went out to wipe up the stinking mess.
Mercedes Delbeau: “My husband has to keep going out and cleaning, and he’s already getting tired to keep cleaning all the time.”
Dogs are not allowed in the building, but the neighbor above Mercedes says he needs an emotional support animal.
So Mercedes contacted the management company.
Mercedes Delbeau: “And they say, ‘OK, we can talk to them,’ but it looks like nothing’s happened.”
After a few more days of dripping, Mercedes and Daniel had enough and went to talk to their neighbor.
Mercedes Delbeau: “And he said, ‘No, it’s not from my apartment, maybe from somebody else’s apartment.'”
Since he is the only one living above them with a dog. Mercedes knew that wasn’t likely — meaning the dog making her neighbor’s life better continues to make her life worse.
Mercedes Delbeau: “I just would like this to stop because it is not fair. It is not right.”
Well, Howard, if you live in South Florida, can your neighbor let their animal relieve themselves on their balcony?
Howard Finkelstein, 7News legal expert: ‘Buildings may not have specific rules about an animal peeing on a balcony, but nuisance laws cover this. They prohibit someone from letting their animals deprive a neighbor of their ability to enjoy their property. In other words, you cannot allow your animals to urinate, defecate or create a noxious odor that affects your neighbor.”
We contacted the dog owner, who told us he took care of the issue. When we asked how, he hung up.
The urinating on the balcony did stop, though, and the property manager wanted to make sure Mercedes knew they deserved the credit for solving the problem and not Help Me Howard, texting Mercedes, “Sorry to hear that you think Channel 7 helped. The fact of the matter is it was your fellow board members who put forth the effort to find a resolution. Please know that and be appreciative.”
It’s great that they solved the problem, Howard, but what can Mercedes do if it starts again?
Howard Finkelstein: “Just because this is a so-called service animal does not protect the owner. If the problem reoccurs, the property manager has the right to order the owner to remove the animal, whether it is a service dog or not.”
Mercedes Delbeau: “No more dog pee.”
No more dog pee on the balcony. Just peace on the balcony.
Mercedes Delbeau: “I am very happy. We can be able to enjoy our balcony. It’s beautiful, it’s nice.”
A happy Help Me Howard viewer. That’s what we want.
Because of the problems, the property manager has asked the dog’s owner to update the documentation regarding the animal’s emotional support status. If it’s not done, they will legally have the owner remove the dog. And even if it is recertified, and the owner lets it urinate on the balcony again, then it could be gone.
Got a problem dripping down on you causing a stinking splash in your life? Getting emotional and need some support? Contact us. We can clean up a mess or two.
CONTACT HELP ME HOWARD:
Email: helpmehoward@wsvn.com
Reporter: Patrick Fraser at pfraser@wsvn.com
Miami-Dade: 305-953-WSVN
Broward: 954-761-WSVN
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