He can't make me get rid of her can he!!! help!!!!?

Question

My neighbor is complaining that my two cats are using the bathroom in his yard and climbing on his fence and he wants me to stop them from doing this or get rid of them. He even threatened me with leash law ordanence or using a BB gun on them. One cat was a neighborhood cat that I began feeding and bringing inside in the dead of winter when we moved in 2 years ago and the other is a rescue cat that was starving to death when my husband and I found her. they are both outside for the mostpart and can't be inside cats ALL the time b/c I have dogs. I will be devestated if I have to get rid of them. What in the world can I do?? I explained to him that I can no more command the cats to do as he wishes than I can command the birds to not poo on his car. He's unreasonable!! Please help if you have any experience with this sort of thing or know about law....

Answer 1

You've taken in the cats and they then became your responsibility so should your neighbor called authorities then they would warn you at first but a second time would possibly face some charges.

I understand that they can't be inside cats all the time, but you can easily teach them and your dogs to co-habitate in the same residence. I love cats and dogs, but I do have to tell you, that if I had a neighbor whose animals were using my lawn as a bathroom I'd be quite miffed. Being on my fence I don't see a too big of a deal about that, but hey, it's his fence. He's within his right to not want the cats on it. Me though, if the cats were using my yard as bathroom...if you were to offer to clean it or try to change their pattern I'd be more tolerable as long as you were attempting to do that.

He can file a complaint against you through local authorities and through your local spca.

As hard as it would be to give them up, imagine having to sign them over and you've rescued them from the winter and fed them, and gained their trust... because of this situation.

If you truly can not get them in your house permanetely then perhaps it is time to find a new home, maybe a farm where they can be out all the time?

I feel for you and understand your neighbor as well.
Let us know what happens...

*Update*- I didn't even address the bb gun statement. Your neighbor is threatening harm to those animals which in any state is against the law. I have seen animals that have been shot by people for just walking infront of their homes, have seen animals shot because they attacked another dog (never mind the fact it was a dog fighting ring and the dog did what it was trained to do). Irregardless of any situation, causing harm to any animal is against the law and should he hurt or kill one of your animals he is then in the wrong and would face criminal charges...which could include and not limited to fines, legal fees, medical fees (if animals survive or die) jail time, community service...etc.

Working in a vets office you see on a daily basis wonderful pet owners bringing in their animals that were harmed by neighbors. And most of the times the injuries never would have happened if the owners and the neighbors got along, and if the owners kept their animals on their own property.
Please try to work something out for the sake of the animals. Get em inside...

Answer 2

While Rae3624 (above) makes some good points, your neighbor cannot use a BB gun on your cats and not expect to be sued for the veterinary bills you incur if he injures your pets! That's also a violation of most animal cruelty laws so it would a criminal act as well. As for a leash law, don't worry about that because they don't apply to cats PERIOD. Cats cannot be forced to be contained or leashed because well...they are cats! The law recognizes this. What you need to do, however, is make sure your cats have collars with your identification information, and their recent rabies tags. This is very important in case your neighbor tries to make a complaint. If I were you, I'd microchip the cats as well in case your evil neighbor decides to remove the collars and turn them into the pound as strays. Don't let your neighbor intimidate you. If he wants to keep the cats out of his yard, let him build a cat proof fence. Where I live, there are so many deer and rabbits that like to eat people's shrubs and bushes, but no law officer is going to take them away! They're just going to tell the home owner to build a better fence! Duh! The law is on yours and your cats' side. But be aware that any damage your cats cause on his property is your responsibility, in a civil suit. But again, the burden of proof would be on him to show it was your cats who did the damage and not some other animal(s). He cannot force you to move or to relinquish your cats. He's just a jerk you have to deal with. Be sure to keep your eye on him. I shudder to think that he might poison or otherwise harm your cats. If he does, you should sue the pants off of him on The People's Court or Judge Judy in front of millions of people so they can see what a disturbed, uncompassionate jackass he is! But do your part and get those kitties microchipped and up-to-date on all their vaccinations. Don't give him anything to hold against you. GOOD LUCK!

Answer 3

Buy him some animal repellent. OR tell him you will spray the areas that your cats are using with animal repellent to keep them from doing their business in his flower beds. I detest when people's cats do this to my yard, too. I don't own one and I don't like the smell at all. There are way too many cats around here and they kill all the songbirds and little rabbits, so I am sorry that I cannot feel for you as you would like. The best you can do is endeavour to be a responsible pet owner and offer up a solution that you can both live with. You can purchase animal repellent in almost any pet-shop or department store carrying pet supplies. Try that and see if he can live with that.
By the way, I do believe it is against the law to threaten physical harm to your animals. Check out the local ASPCA or SPCA, wherever you live. You can also talk to animal control and see if they have a solution. They will see that you are a reasonable person who wishes to do something about their pet rather than see it be taken away to a pound.

WiccanPrincess below me says it best!

Answer 4

Hello! Yes, I do have some experience with the law but am NOT a lawyer. I am a Litigation Paralegal. I commend your kindness to animals. Since I do not know what State you are from it is difficult to advise you. You see, the law varies in each state. Also, what is your living situation? Do you live in a house, condo or apartment? The rules for condos and subdivisions can apply to your situation. Without this information it is difficult to give you advice ... but I 'll do my best. The first thing I would do is speak to your landlord or condo association and find out what the rules are. Also, call you local animal control officer. Explain your situation and ask him/her what the law is for your city & state. Make sure you find out not only what to do about your neighbor but also YOUR legal responsibilities with regard to restraining your pets. Although, I am fairly sure the "leash law" applies only to dogs - so your neighbor is probably outta of luck. If you cats DO defacate in your neighbors yard, and s/he complains, it is legal trespass and you are required to keep your animals off his property. Lastly, there is another serious legal issue here. If your neighbor used a BB gun on your animals, this is a criminal act. This offense (animal creulty) is not taken lightly these days and should be reported to the ASPCA at once!!! If convicted your neighbor can face a hefty fine or jail time. Plus, the stigma, time and expense of an arrest and defense is something your neighbor would probably want to avoid. Keep in mind that by reporting your neighbor to the "police" (ASPCA) you may escalate the situation and trigger worse behavior, including retaliation. Please keep all your animals safe and away from this person!!! In addtion, document everything!!! Write down any converstions or incidents with the neighbor, ASPCA, Local Police etc. Get a notebook and record - date, time and what was said and/or done. Take photos or video of any evidence or actions that apply. Good documentation will help you if any legal action is commenced either by you or the neighbor. In extreme cases a neighbor can petition your local town hall to have your animals removed. Usually this is only done in cases of animal violence but trespass is not uncommon. You probably would not lose your pets but could be ordered to keep the animals either inside or be required to keep them off his property. Please be CAREFUL in dealing with people like this. They usually have a screw loose and are capable of some scary things. Keep this in mind when commencing any action. Hope this helps. email me at [e-mail] if you need additional information. Best, LCM

Answer 5

Some lumber and chicken wire, and presto an outdoor 'run' that keeps the cats contained and off his property.

If he's in the city, it's illegal to shoot any gun there. Shooting at cats isn't legal either especially as he knows the animnals are yours. However he could take them and give them to animal control for disposal if he got them on his property---you do need to do something to protect them. This would be to keep them on YOUR property, which is where a cat kennel comes in. Nothing else would keep them safe, in an outdoor environment. If you can't bring them indoors, this may be your ownly option other than finding them new homes.

Answer 6

you will have to bring them indoors permently. so you have dogs. I have dogs and all my cats are in doors. They will learn to get along. If you absoulutly cant do this. then try building a cat pen in your back yard. They sell them also in stores.Foster and smith's supplys web site is something you should google and look at. You can even get a dog kennel and cover the top with chicken wire. then cover part for shade. this way they wont bother your neighbor and the cant get hit by cars. Its not safe to keep cats outside. plus they can harm wild life as well.

Answer 7

If they're your cats, you are responsible for them. He can call animal control if they're in his yard messing up his property.

Answer 8

honey, all cats should be indoor only. Letting cats roam free is taking a BIG gamble, which, okay, you can choose to gamble, but if you do, you can't be surprised if you lose (cat gets run over). And it is no more neighborly to allow cats to roam free than it is to allow dogs to roam free.

Get your dogs used to the cats and vice versa,and make them indoor only cats. They'll live longer.

Answer 9

i think he can try to get them removed but you could make them indoor cats and only let them out when he isn't there or get a screened porch