No contract - babysitting cats

[Fwong]

What is the name of your state (only U.S. law)? California

 

[quincy]

You can use the "edit post" feature found in your original post or you can "reply to thread" to add your legal question about babysitting cats without a contract.

Thanks.

 

[Fwong]

No contract - Babysitting cats

Thank you, Quincy.

The State: California

The Question: Do I have a case that would stand up in small claims court?

The Scenario: A former co-worker / friend asked me to babysit her 2 cats for about 6 weeks while she moved to Texas and her daughter resituated herself in a cat-friendly apartment. Immediately, 1 cat started peeing on the wood floors and then on my sofa. On the 5th or 6th week, the 2nd kitty started peeing on the couch. I found out soon after that the cats were allowed to regularly pee on my friend's carpet. I continued with the agreement, however, mostly out of sympathy for the cats (friend was going to give it to a homeless person), and also because she was a friend.

I billed my friend approx $980, all related to the well being and repair/replacement of damages done.

Food $50
Cleaning Agents $30
Litter $45
Litterboxes $35
Pee Pads $45
Plastic Covering for Sofa $80
Paper Towels $7
Deep Clean Sofa $200
Dry Clean Pillows $140
Replace Pillows $75
Replace Cat Scratcher (Peed on) $20
My Services $250
-------------------
Total $982

Unfortunately there was no written contract and the oral agreement, in retrospect, probably was not clear. She asked how much I want for food and for my services. I did not give her an answer as if it were nominal, I would not charge her. Along the way, when the cats got messier, she said that should would pay for damages made by her cats. I even gave her a heads up when I started having a lengthy and expensive list, so there were no surprises. She gave me $50 in the beginning for cat food and since has agreed to pay $200 for sofa dry cleaning.

What legal recourse do I have?

Thank you for your feedback in advance! It is much appreciated!

Freda

 

[justalayman]

You have a right to enforce your contract, whatever it is.

As to damages; not likely to get damages. You allowed the cats to roam within your home.

 

[Shadowbunny]

Thank you, Quincy.

The State: California

The Question: Do I have a case that would stand up in small claims court?

The Scenario: A former co-worker / friend asked me to babysit her 2 cats for about 6 weeks while she moved to Texas and her daughter resituated herself in a cat-friendly apartment. Immediately, 1 cat started peeing on the wood floors and then on my sofa. On the 5th or 6th week, the 2nd kitty started peeing on the couch. I found out soon after that the cats were allowed to regularly pee on my friend's carpet. I continued with the agreement, however, mostly out of sympathy for the cats (friend was going to give it to a homeless person), and also because she was a friend.

I billed my friend approx $980, all related to the well being and repair/replacement of damages done.

Food $50
Cleaning Agents $30
Litter $45
Litterboxes $35
Pee Pads $45
Plastic Covering for Sofa $80
Paper Towels $7
Deep Clean Sofa $200
Dry Clean Pillows $140
Replace Pillows $75
Replace Cat Scratcher (Peed on) $20
My Services $250
-------------------
Total $982

Unfortunately there was no written contract and the oral agreement, in retrospect, probably was not clear. She asked how much I want for food and for my services. I did not give her an answer as if it were nominal, I would not charge her. Along the way, when the cats got messier, she said that should would pay for damages made by her cats. I even gave her a heads up when I started having a lengthy and expensive list, so there were no surprises. She gave me $50 in the beginning for cat food and since has agreed to pay $200 for sofa dry cleaning.

What legal recourse do I have?

Thank you for your feedback in advance! It is much appreciated!

Freda

Didn't you find it odd when the owner didn't provide a litter box when the cats were brought to you?

 

[Fwong]

Didn't you find it odd when the owner didn't provide a litter box when the cats were brought to you?

No, they had said their kitties would use my litter box. They just needed to be shown once where it was.

I don't understand how it is my fault for letting the cats roam around in my house. Isn't it understood that that's what they would do, when agreeing that they would come to my house to get baby sat? If I left them in their cages, I would have been accused of neglect.

Freda

 

[eerelations]

It's not your fault for letting them roam around the house. 90% or more of house cats do not behave this way, and since (it appears) you have cats of your own that behave themselves, you wouldn't have had any reason to believe these cats would behave any differently. In addition, the cats' owner told you that they would pee in your cats' litterbox (while neglecting to advise you that she allowed them to pee on her carpet on a regular basis). So no, you had no reason to suspect that these particular cats would pee all over the place.

(I wouldn't have either, I had three cats who were naturally very well-behaved, no training on my part, always used the litter box - well, the eldest started peeing a little bit once per day on the carpet in one corner of the bedroom when he turned 16, but he was very old, to be expected at that age - so really I wouldn't have expected otherwise from other cats.)

 

[Gail in Georgia]

"My Services $250"

Your "services"? Good luck with that one. Are you a licensed pet sitter? The court is likely to ask where in your contract you listed your pet sitting services.

Gail

 

[Zigner]

It's not your fault for letting them roam around the house. 90% or more of house cats do not behave this way, and since (it appears) you have cats of your own that behave themselves, you wouldn't have had any reason to believe these cats would behave any differently. In addition, the cats' owner told you that they would pee in your cats' litterbox (while neglecting to advise you that she allowed them to pee on her carpet on a regular basis). So no, you had no reason to suspect that these particular cats would pee all over the place.

(I wouldn't have either, I had three cats who were naturally very well-behaved, no training on my part, always used the litter box - well, the eldest started peeing a little bit once per day on the carpet in one corner of the bedroom when he turned 16, but he was very old, to be expected at that age - so really I wouldn't have expected otherwise from other cats.)

I disagree - it's actually not common for cats to use an unfamiliar and used litter box. The OP shouldn't have given the cats free roaming privileges in his/her house.

 

[justalayman]

Especially because you have cats this should not have been unexpected. Cats are extremely
Territorial. They mark their territory with urine.

 

[eerelations]

I disagree - it's actually not common for cats to use an unfamiliar and used litter box. The OP shouldn't have given the cats free roaming privileges in his/her house.

Except then perhaps OP's coworker should have provided a litter box? And also told OP about the regular peeing on the carpet? If I was OP's coworker I would have brought my own litterbox over (why not? why just throw it out? why not just let OP determine if it's required and then dispose of it or not as circumstances dictate?) - even if I thought my cats would use OP's litterbox. And if my cats' litterbox was in fact my carpet? Well, it wouldn't be...but if it was, I would have felt seriously obliged to advise OP of that.

While I can see OP was possibly somewhat negligent, I think OP's coworker is more at fault here.

 

[Zigner]

Except then perhaps OP's coworker should have provided a litter box? And also told OP about the regular peeing on the carpet? If I was OP's coworker I would have brought my own litterbox over (why not? why just throw it out? why not just let OP determine if it's required and then dispose of it or not as circumstances dictate?) - even if I thought my cats would use OP's litterbox. And if my cats' litterbox was in fact my carpet? Well, it wouldn't be...but if it was, I would have felt seriously obliged to advise OP of that.

While I can see OP was possibly somewhat negligent, I think OP's coworker is more at fault here.

While I disagree, let's assume that yours is the correct viewpoint. The OP found out about this problem "immediately"...s/he had a duty to mitigate, however, s/he allowed the cats free reign of the house for in excess of six weeks.

 

[eerelations]

while i disagree, let's assume that yours is the correct viewpoint. The op found out about this problem "immediately"...s/he had a duty to mitigate, however, s/he allowed the cats free reign of the house for in excess of six weeks.

ok.

 

[Fwong]

It's not your fault for letting them roam around the house. 90% or more of house cats do not behave this way, and since (it appears) you have cats of your own that behave themselves, you wouldn't have had any reason to believe these cats would behave any differently. In addition, the cats' owner told you that they would pee in your cats' litterbox (while neglecting to advise you that she allowed them to pee on her carpet on a regular basis). So no, you had no reason to suspect that these particular cats would pee all over the place.

(I wouldn't have either, I had three cats who were naturally very well-behaved, no training on my part, always used the litter box - well, the eldest started peeing a little bit once per day on the carpet in one corner of the bedroom when he turned 16, but he was very old, to be expected at that age - so really I wouldn't have expected otherwise from other cats.)

Also friend declawed her cats and I learned that litter avoidance and biting comes from that. They have phantom pain from their amputated toes.

 

[Fwong]

"My Services $250"

Your "services"? Good luck with that one. Are you a licensed pet sitter? The court is likely to ask where in your contract you listed your pet sitting services.

Gail

$250 / 42 days = $6 per day. The cat boarding place was $50 - $100 a day which she refused to pay.