Legal Question in Landlord & Tenant Law in California

Manager's Cat Damaging My Car

The manager of our apartment building feeds and cares for a cat in our gated/covered garage. I recently bought a new car with a convertible top and almost every day I find the cat sleeping on the hood or top. It leaves dirt, clumps of fur and light scratches all over. I am also concerned the cat's weight will stretch the canvas top over time. I have politely asked the manager twice if there is something we can do and she has become defensive and hostile, saying the cat has been there a long time and isn't going anywhere. She even threatened me by repeatedly saying that ''if the cat disappears there's going to be trouble''. She knows I would never do anything to harm the cat since I love cats and have two myself, which I keep indoors. Our property management company is also unwilling to help. I am using a car cover temporarily but the car is my daily driver and it is inconvenient to cover/uncover it ever time I need to go somewhere. It still sleeps on the top, which can stretch the fabric despite the cover. The cat food she leaves out also draws raccoons into our garage which is also not a good situation. She claims it is a stray but if she feeds and cares for it, isn't it her responsibility? What else can I do?


Asked on 2/06/07, 3:00 pm

1 Answer from Attorneys
Steven Lynes Lynes & Associates

Re: Manager's Cat Damaging My Car

You are in difficult position given the manager's threat and management company's unwilliness to do anything. You are obviously entited to park your car in an area where it will not get damaged. That being said, I doubt that you want to break your lease and move.

As a prectical matter, why can't the manager feed the cat somewhere else on the property, someplace which will reduce the the likelihood that the cat will sleep on your car.

If that is not an option, I recommend that you state your concerns to the management company in writing. Advise them of the threat and request that they direct the manager to have the cat removed, or at least to stop feeding it. If that does not work, you can take the next step and report the matter to animal control. If the manager retaliates, you should immediately notify the management company and likely hire an attorney if an immediate resolution cannot be had.

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Answered on 2/06/07, 3:37 pm


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