What is the name of your state (only U.S. law)? Kentucky
My neighbor has 3-5 cats that they let run throughout the neighborhood. The cats use our small yard as their litterbox. Often, when I mow the lawn, I have to clean up 8-10 messes.
These cats also also like to relax on our brand new patio furniture, leaving dirt and hair everywhere. It is bad enough that I won't sit on the furniture comfortably, but we will need to have it professionally cleaned before allowing guests to use it.
We routinely keep our kids and their friends from playing in our yard due to this issue. We are tired of cleaning off their shoes. In fact, our boys have an extra pair of shoes that they use only outside in our yard due to this issue. I'm also worried about health/bacteria risks for our kids.
I have photos and eyewitnesses to attest that it is, in fact, our neighbor's cats that are trespassing on our property.
This has been going on for approximately 18 months. I have talked to our neighbor numerous times (at least 5-8 occasions) over this period. They always promise to remedy the situation, but they have not done so.
Exasperated by the situation, I would like to now sue my neighbor for nuisance. Do I have a case? Should it be filed in small claims court?
If so, what kind of damages would I be entitled to? The max in Kentucky small claims courts is $2,500. I was thinking that I'd sue for at least a professional cleaning of our furniture (~$225), plus $1,800 (approximately $100 per month) in nuisance due to lack of comfort on my own property, caused by the neighbor.
Thoughts?
My neighbor has 3-5 cats that they let run throughout the neighborhood. The cats use our small yard as their litterbox. Often, when I mow the lawn, I have to clean up 8-10 messes.
These cats also also like to relax on our brand new patio furniture, leaving dirt and hair everywhere. It is bad enough that I won't sit on the furniture comfortably, but we will need to have it professionally cleaned before allowing guests to use it.
We routinely keep our kids and their friends from playing in our yard due to this issue. We are tired of cleaning off their shoes. In fact, our boys have an extra pair of shoes that they use only outside in our yard due to this issue. I'm also worried about health/bacteria risks for our kids.
I have photos and eyewitnesses to attest that it is, in fact, our neighbor's cats that are trespassing on our property.
This has been going on for approximately 18 months. I have talked to our neighbor numerous times (at least 5-8 occasions) over this period. They always promise to remedy the situation, but they have not done so.
Exasperated by the situation, I would like to now sue my neighbor for nuisance. Do I have a case? Should it be filed in small claims court?
If so, what kind of damages would I be entitled to? The max in Kentucky small claims courts is $2,500. I was thinking that I'd sue for at least a professional cleaning of our furniture (~$225), plus $1,800 (approximately $100 per month) in nuisance due to lack of comfort on my own property, caused by the neighbor.
Thoughts?