The following case shows that a cat net installed on the balcony can lead to a court dispute: The tenant of an apartment in Berlin wanted to allow her cat to exit onto the balcony and install a cat net to protect her animal. The landlady, however, was against this and prohibited the tenant from installing the net. Thereupon, the tenant filed a lawsuit before the Berlin-Tempelhof-Kreuzberg District Court (AZ 18 C 336/19). The court ruled in favor of the tenant. According to the court decision, the tenant was entitled to the installation of a cat net.
It is essential to check whether the installation of the net requires a structural change requiring approval. This is not the case here, because the installation was to be carried out without interfering with the building fabric. Thus, the tenant and pet owner had a right to a cat net on the balcony. In addition, the net allows the cat to get fresh air without disturbing the neighbors.
Also the argument of the landlady that the cat net leads to a visual impairment of the house facade is not applicable in this case. This is because another 11 parties in the apartment building already have cat nets on their balconies, which were tolerated by the landlady. For the two reasons mentioned, a cat net on the balcony is included in the intended use.
Source: AG Tempelhof-Kreuzberg
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