Starnberg/Andechs (dpa/lby) – Bats are fascinating animals for some, they are under protection – but as roommates they can be annoying. A family in Andechs claims to have counted up to 50 bat droppings a day on the terrace of their rented apartment. In a civil lawsuit before the district court of Starnberg, she demanded structural measures to close off the bat quarters and also a rent reduction. The judges dismissed the lawsuit on February 10, a court spokesman said on Monday.
The encounter with the animal species customary in the country – and thus also with their excrement – is to be accepted in a rural residential area. A measurable reduction in the quality of living can only occur if, as a result of structural conditions, the disturbing animals appear significantly more frequently or are bred in the area of the rented property. But that is not the case here. Witness hearings would not have confirmed the impairment of up to 50 bat droppings a day.
A bat expert came to the conclusion that there was no nursery with a large bat population above the terrace, as she only sighted individual specimens. Closing the quarters is not permitted without further ado, since bats are under species protection. Also with regard to a possible health hazard for the two underage children, the court did not come to a decision in favor of the plaintiffs. No specific danger was named here that should result from contact with the excrement.
The last word in the dispute has not yet been spoken – the judgment is not yet final.