Do I have a case?

[UK_Cats]

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?

 

[Zigner]

You leave furniture outside and then expect to not have to clean it?

I was once told that people don't own cats...cats own people.

With that said, check your county and local municipality for codes/laws regarding controlling cats. There is, apparently, at least one county that requires even cats to be "leashed" (under the owner's control) at all times.

 

[UK_Cats]

You leave furniture outside and then expect to not have to clean it?

I was once told that people don't own cats...cats own people.

With that said, check your county and local municipality for codes/laws regarding controlling cats. There is, apparently, at least one county that requires even cats to be "leashed" (under the owner's control) at all times.

Of course I expect to have to clean it, and I do, but I don't expect to have to shell out $225+ to have it professionally cleaned. It's pretty bad.

I have checked with local code enforcement on codes/laws regarding controlling cats. There are none here. They cannot help, and I've been told that I'm on my own to deal with it.

Do you think I have a case?

 

[Zigner]

Of course I expect to have to clean it, and I do, but I don't expect to have to shell out $225+ to have it professionally cleaned. It's pretty bad.

I have checked with local code enforcement on codes/laws regarding controlling cats. There are none here. They cannot help, and I've been told that I'm on my own to deal with it.

Do you think I have a case?

You are leaving furniture out in the elements...of course you're going to have to clean it. What steps have you taken to mitigate this? Do you remove the cushions and put them away when not in use? You should (if you can.)

 

[UK_Cats]

You are leaving furniture out in the elements...of course you're going to have to clean it. What steps have you taken to mitigate this? Do you remove the cushions and put them away when not in use? You should (if you can.)

The cushions are stored over the winter. When outdoors, they under a covered porch.

To mitigate this issue entirely with the cats (which are constantly on our property), I would literally have to put the cushions away whenever they are not in use. If I want to sit on my porch for an hour, I would need to haul the cushions out of the garage for an hour, use them, and then haul them back into the garage. I don't feel that is reasonable.

Let's ignore the cushions for a moment and assume I don't include a fee for professional cleaning. Do I have a case otherwise?

 

[LdiJ]

The cushions are stored over the winter. When outdoors, they under a covered porch.

To mitigate this issue entirely with the cats (which are constantly on our property), I would literally have to put the cushions away whenever they are not in use. If I want to sit on my porch for an hour, I would need to haul the cushions out of the garage for an hour, use them, and then haul them back into the garage. I don't feel that is reasonable.

Let's ignore the cushions for a moment and assume I don't include a fee for professional cleaning. Do I have a case otherwise?

Cats bury their poop. They dig a hole, poop in the hole and then bury the hole. Therefore your entire complaint about the cats pooping is bogus.

The cats leaving hair on your patio furniture is credible. However all kinds of wild animals can and will do the same...which is why the other poster raised the issue of you putting the cushions away when not in use.

 

[UK_Cats]

Cats bury their poop. They dig a hole, poop in the hole and then bury the hole. Therefore your entire complaint about the cats pooping is bogus.

The cats leaving hair on your patio furniture is credible. However all kinds of wild animals can and will do the same...which is why the other poster raised the issue of you putting the cushions away when not in use.

Believe me, they leave lots of messes in the yard that cause issues for us. I don't know how many times I've had to clean the kids' shoes. They ground is hard, so the cats aren't digging holes. I often walk around the yard to clean up messes before we let the kids play outside (with their designated "cat poop shoes" on, of course). It's that bad. There's absolutely nothing bogus about it.

We have numerous photos of the neighbor's cats lounging on our furniture. The hair is clearly from these cats, not other animals.

If I can prove that the cats are leaving messes that we have to constantly deal with and clean up, and if I can prove that we have to do extra cleaning of our furniture due to these animals, do I have a case for nuisance? And if so, what are the damages that I could/should ask for?

 

[Just Blue]

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?

Cats bury their "messes". I have owned cat's all my life and have never seen one not bury #2.

 

[Just Blue]

Cats bury their poop. They dig a hole, poop in the hole and then bury the hole. Therefore your entire complaint about the cats pooping is bogus.

The cats leaving hair on your patio furniture is credible. However all kinds of wild animals can and will do the same...which is why the other poster raised the issue of you putting the cushions away when not in use.

^^
^^what she said^^

 

[Just Blue]

Believe me, they leave lots of messes in the yard that cause issues for us. I don't know how many times I've had to clean the kids' shoes. They ground is hard, so the cats aren't digging holes. I often walk around the yard to clean up messes before we let the kids play outside (with their designated "cat poop shoes" on, of course). It's that bad. There's absolutely nothing bogus about it.

We have numerous photos of the neighbor's cats lounging on our furniture. The hair is clearly from these cats, not other animals.

If I can prove that the cats are leaving messes that we have to constantly deal with and clean up, and if I can prove that we have to do extra cleaning of our furniture due to these animals, do I have a case for nuisance? And if so, what are the damages that I could/should ask for?

Yes you have a "case" ...You won't win...but in the US anyone can sue for anything. Again you won't win.

Put up a 5 foot wooden fence.

 

[UK_Cats]

Yes you have a "case" ...You won't win...but in the US anyone can sue for anything. Again you won't win.

Put up a 5 foot wooden fence.

When you say that cats always bury their poop, are you referring to litter boxes or gardens, with soft ground? What about rock hard ground, with dirt heavy with clay? Cats also often won't bury their messes if they are marking their territory.

I don't feel it is reasonable that I should have to build a fence around my property to keep out the neighbors' cats.

 

[Just Blue]

When you say that cats always bury their poop, are you referring to litter boxes or gardens, with soft ground? What about rock hard ground, with dirt heavy with clay? Cats also often won't bury their messes if they are marking their territory.

I don't feel it is reasonable that I should have to build a fence around my property to keep out the neighbors' cats.

I live in Massachusetts. My cats bury their poop. In all seasons. To "mark" their territory they spray. When I was a kid we had inside/outside cats. And they would buy their poop. Saw it with my own eyes digging down through the snow and frozen earth.

As an older adult I kept my cats inside for their safety.

A fence will protect your property not just from the cats but also from wildlife.

 

[UK_Cats]

I live in Massachusetts. My cats bury their poop. In all seasons. To "mark" their territory they spray. When I was a kid we had inside/outside cats. And they would buy their poop. Saw it with my own eyes digging down through the snow and frozen earth.

As an older adult I kept my cats inside for their safety.

A fence will protect your property not just from the cats but also from wildlife.

Your experience is not 100% representative of all cats:

https://consciouscat.net/2013/03/18/why-does-my-cat-not-cover-her-poop/

How many cats have you had and do you have currently?

 

[Just Blue]

Your experience is not 100% representative of all cats:

https://consciouscat.net/2013/03/18/why-does-my-cat-not-cover-her-poop/

How many cats have you had and do you have currently?

Dozens in the past none currently. You can sue...Nothing stopping you. You just won't win.

 

[UK_Cats]

Dozens in the past none currently. You can sue...Nothing stopping you. You just won't win.

Why will I not win?