The behavior of pets can sometimes only be controlled to a limited extent. While a dog with the right training usually does not exhibit any problematic behavior, cats in particular that are allowed to roam freely can cause quite a bit of trouble. After all, the adventurous four-legged friends are out and about unsupervised, which has caused quite a few neighborhood disputes. To what extent cat owners are liable for cat owners and why there are often problems in disputes over damage, you can find out below.
Key facts at a glance
- Free-roaming cats from the neighborhood must be tolerated as long as the disturbance they cause is not unreasonable.
- According to the German Civil Code, cat owners are responsible for the damage caused to their pets and must therefore also be held accountable for it.
- The burden of proof always lies with the injured party, which often proves to be problematic in the case of damage caused by cats.
- Cat owners should try to keep an eye on their cat and, if possible, intervene immediately in the event of undesirable behavior.
Free-roaming cats in the neighborhood
Whether it’s scratches on the car’s paintwork, destroyed plants or droppings in the driveway – free-roaming cats can quickly make neighbors angry. But even if it is sometimes difficult, they have to be tolerated to a certain extent.
The legal position is not entirely clear. However, entering the neighboring garden is generally permitted. Among other things, this is due to the fact that pet owners are legally obliged to keep them in a manner appropriate to their species and many cats feel much better when they are outdoors than when they are kept indoors.
According to judgments from Darmstadt and Lüneburg, however, a maximum of two cats are allowed. If there are more free-roaming animals, the question of reasonableness for the neighbors will be decided on a case-by-case basis.
What does the BGB say about disturbances in the neighborhood?
According to the BGB, impairments in the use of the property, such as smells or noise, must be accepted if they are customary for the location or insignificant. However, both terms leave a lot of room for interpretation, so that there are often differences in the interpretation.
Dealing with problems caused by free-roaming cats
Despite the general permission to keep cats outdoors, problems can occur quite often. These range from using the beds as a litter box to meowing at night to fishing for fish in the garden pond or even deep scratches on the paintwork on the hood of the car.
If excursions into the neighbor’s garden become unreasonable, the duty to tolerate ends at a certain point. However, due to the vaguely worded laws on the subject, it is difficult to predict the possible outcome of any court proceedings.
Cat owners are liable for their cats
According to Section 833 BGB, pet owners are normally liable for any damage caused by their pet. Of course, this also applies to any damage caused by a cat that is allowed to roam freely.
Scratches in the paintwork of cars in particular are a frequent point of contention in this context, which has caused lasting damage to many a good neighborly relationship.
Because although the legal situation is actually clear, at least with regard to liability, it can of course only rarely be proven beyond doubt that the neighbor’s cat is actually responsible for the damage. In order to be able to claim damages, however, this is exactly what is necessary. Because the injured party always has the burden of proof towards the owner, the free-roaming cat supposedly responsible for the damage.
Avoid quarrels among neighbors
As a cat owner, you should of course not only be aware of your liability for your cat. It should also be in your best interest not to try your neighbors’ patience too much. After all, you will most likely have to get along for many years to come, so a serious argument is far from desirable.
Therefore, if possible, keep an eye on your outdoor cat during its forays. If you notice, for example, that your four-legged friend is using the neighborhood children’s sandbox as a toilet or is taking a nap on someone else’s car hood, you should definitely stop him from doing so immediately.
If there is no other way, setting up a cat fence can also ensure that your cat stays away from the neighbor’s garden and that there are no unnecessary disputes. Even if that may seem like an exaggeration to you, you should consider that not everyone likes cats and that the legacies of a strange four-legged friend alone should in most cases cause great resentment.
Our conclusion on the subject of liability for damage caused by day leavers
As you can see, the legal situation with regard to liability for damage caused by loose cats is clearly regulated on the one hand. On the other hand, however, the burden of proof on the part of the injured party and unclear provisions regarding reasonableness make it difficult to clarify problems in many cases.
We therefore generally recommend that you seek talks with your neighbors and, if possible, resolve existing disputes out of court. A little more consideration from the cat owner and a little more understanding from the neighbor without a cat can make a decisive contribution to respectful coexistence. If that succeeds and both sides seek dialogue if necessary, it is almost secondary whether cat owners are liable for cat owners who are released.