tenant and cat (apartment, rental, house)

[shyanne08]

I live in a house with an inlaw apartment downstairs which i have rented to a friend/tenant who was in need of a place when her place got destroyed and she didn't take the necessary steps to save it or anything in it. at the time, i didn't ask for a security deposit. i just let her stay here while another one of her friends was living here during her time of immediate need. the other person left and she's been here for 5+ years now.

at one point she was hospitalized. when i went downstairs to gather her things (such as additional clothing and her cell phone charger), i noticed that she had accumulated a large amount of clean trash). by that i mean, instead of tossing the told rolls of toliet paper out, she was "collecting" them. if she did laundry, she would just leave it in a heap. if she got take out, she would eat all the food, yet collect the empty containers. i was horrified, and while she was hospitalized, i went down there and cleaned....tossed out about 10 bags of trash. she doesn't work and receives an annual trust fund. but that this point, i was'nt going to tolerate the filth. i told her if she was going to live in this house, she would need to hire a cleaner. she hired a young friend of hers who cleaned twice and did a crappy job at that. eventually, my friend/tennant asked me to do it. at the time i needed the money (still do) but i've always loved cleaning (however, i'm not OCD) and accepted.

she had recently lost her dog, and took a liking to my cat and would buy my cat treats, food, and kitty litter. basically, my cat had become hers now, keep in mind that my cat is a wild/outdoor cat who is about 16-17 years old. a few months ago, after not being down to clean in a few weeks, i noticed a strong "kitty litter" smell. when i went in to clean, the kitty litter box was OVERFLOWING with cat "eliminations". i told her, "if you're going to keep a kitty litter box, you need to scoop it every day or so. if the cat box is overloaded she's getting it on her feet and then leaving it on the couch and your clothes". two weeks later i had the same talk with her. 4 weks later, i said, "listen, this cat has NEVER needed a box unless it's in the middle of winter and there's snow on the ground. but i never had one with her other than in the winter. you need to get off the couch and let her out more frequently or open the upstairs door, and i'll let her out." that way she wouldn't have to climb the 5 stairs it takes for her to "get outside". it was pretty nasty and didn't appreciate the smell or lack of motivation.

3 weeks ago, she went on vacation and i thought....perfect time to spend some time cleaning downstairs. my son was with his father that weekend and although i should have been out enjoying the weather, i thought... let's spend a few hours cleaning. when i opened the door all i could smell was cat pee. so, i called her on the phone and questioned it. she said "oh, i think the cat has been peeing over by the TV stand. and maybe in her cat bed (which is unnused by the cat)." i said "you think??!!" Sure enough, i went over and picked up the cat bed and it was saturated with cat pee. that just told me that she "knew" damn well the cat was peeing there. i told her "my cat is not allowed downstairs anymore." she thought that was me being "mean to the cat" but i think it's mean to let a cat walk around with crap and pee on tehir paws.

although i was livid, i had a job to do. i went out and spend $75 on special cat pee cleaning stuff and went to turn on the carpet shampooer, but it had died. so i went back out and rented a commerial one from lowes. went over everything twice. turned on the dehumidifier, hoping it would quickly dry. Once it fully died, it still reeked of cat pee. she said "i don't smell it". however, she can smell the mudding we've been doing two doors down from her. and when i sprayed crabgrass killer on the lawn, she said she could smell that. but she cna't smell the cat pee. so, i said to her "look, if yo uhad giving me a security deposit, i would have taken it to get the carpets cleaned or to replace the carpets. I can't even tear up the carpet and leave the concrete until she moves up because i have severe allergies to dust. She said, "well it's your cat". i said, "well, if my neighbor sue across the street kept letting my cat in her house and the cat pee'd on her floor and she didn't clean up the pee, that's not my problem. that's sue's problem. So, i need you to take care of this because i'm overwhelmed with other things." the next day, she hired a professional carpet cleaner who cleaned and "disinfected" the carpet. i told her, i've heard that you can't get rid of the smell and i hate for you to waste your money on a carpet cleaner. she said "i'm paying extra for him to disinfect it. he said disinfected it would kill the bacteria of the cat pee". so $300 later it still smells like cat pee. she "claims" not to smell it. but i smell. she had a friend sleep over last weekend and i said, if your friend cna't handle the smell, she can use my clean, friendly smelling spare room. she said her friend couldn't smell it either. when i walk down there and open the door, it's like somebody punched me in the face with cat pee.

bottom line: i think she should replace the carpet on her dime. and it's coming down to, do i force her to do it, do i tell her to just move out. she is great about paying rent. but now she has an attitude towards me. is it because "its my cat" or is she mad she put money out and it didn't work. i would replace the carpet if it was regular wear and tear. but she kept letting my cat in. that's what i stand by. i may do the "house cleaning" for her, but i'm not a maid who should have to go down there every two days and pick up after her. what do you think?

[pennyone]

Just my humble opinion, but since you posted it here, you'll get it.

Both of you are enablers for each other. You should have known that she is strange and unconventional from the beginning. Since you did not collect a security deposit from her to protect yourself, and failed to go down the legal/professional route of drawing up a legal rental contract, you are now stuck with this fuzzy grey "personal/annoying friend" relationship that gets muddier with the fact that you are technically still the landlord and she is very much in fact your tenant.

I suggest you go back to the beginning...draw up a real contract, and make sure all stipulations and security deposits are in order/in place if you wish to retain her as your legal tenant. If she refuses, then send her off. You allowed this casual relationship to fester for five long years, and as the owner of this house, it is really your own fault. At this point, you are stuck with any cost of cleaning. She is your "friend" with a trust fund, who likes your cat, who is messy/dirty, who you chose to allow to live your house, and who also gives you some money to help out. Moving forward in this casual manner with her and you will incur even more cost with no recourse. Stop, draw up a legal contract, or break up.

What a mess! This is like an episode right out of Judge Judy!

[CaseyB]

If you are renting out an "in-law" apartment, I doubt it's legal. Have you looked into that?

[shyanne08]

to pennyone...you are right on all accounts

i frequently find myself in these situations where i "feel" bad for people and ALWAYS end-up getting the short end of the stick. i posted this to get the "devil's advocate" view because the people in my life will stick up for me and tell me that i'm right, and she's got a few screws loose. but you are right... if i draw up a lease, demand a security deposit, i can instantly use that security deposit to pay for new carpets...now that i know the way she is...it'll be a lot easier.

caseyb. it probably isn't. more or less, she rents from me a "shared" section of my house. i only charge her $750 a month which includes, heat, hotwater, cable, phone, internet, trash, etc. Very cheap. i also claim it on my taxes so that i don't have to worry about that monkey on my back.

[pennyone]

Shyanne;

There is no shame in making a mistake due to the kindness of your heart. But there is absolute shame in not learning from your costly mistake. Good luck!

[CaseyB]

Originally Posted by shyanne08

caseyb. it probably isn't. more or less, she rents from me a "shared" section of my house. i only charge her $750 a month which includes, heat, hotwater, cable, phone, internet, trash, etc. Very cheap. i also claim it on my taxes so that i don't have to worry about that monkey on my back.

My point is that if the apartment isn't legal, I'm not sure you want to have anything in writing. I'd ask her to leave.

[premierplayer]

Originally Posted by CaseyB

My point is that if the apartment isn't legal, I'm not sure you want to have anything in writing. I'd ask her to leave.

This person's cat urinated all over but he wants the tenant to pay for it.. lol. Take care of your animals. imo.

[el_greco]

Originally Posted by shyanne08

my cat had become hers now

Originally Posted by premierplayer

This person's cat urinated all over but he wants the tenant to pay for it.. lol. Take care of your animals. imo.

the question is who did the cat really belong to at the time of urination? that's the big question.

[premierplayer]

Originally Posted by el_greco

the question is who did the cat really belong to at the time of urination? that's the big question.

Its his cat for 15+ years.

[el_greco]

Originally Posted by premierplayer

Its his cat for 15+ years.

Seems like ownership may have been transferred.