MIAM BEACH (CBSMiami) – A Miami Beach man is fighting to keep his cocker spaniel from being evicted from his condo because it’s a little stinky and tends to drool.

Charles Wille, who lives at the Van Ness Condos at 1390 Ocean Drive, said he received a notice from the building manager which said is dog Javiera had to go. Wille said according to those who complained, his dog’s bad breath stinks up the elevator and enclosed common areas.

Carolyn Daly with Streamline Properties Inc., the building’s property management company, cited in her letter the association’s provision on pets.

“Permission to have a pet on the Condominium Property may be revoked for any violation of the requirements of this provision or the Rules adopted by the Board or should any pet on the Condominium Property show danger propensities, become a nuisance, or should the unit owner or tenant fail to properly care for or clean up after the pet.”

Daly went on to inform Wille that Javiera’s “health condition creates odors and drool in the common areas and many owners are complaining. Regrettably the board must revoke permission for you to have this pet on the Condominium Property.”

Wille was given until May 15th to permanently remove Javiera from the condo. He plans to attend Tuesday evening’s board meeting to plead his case.