Tenant vs Neighbor Issue: How would you handle this? (stock, paying, property)
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I am owned by 2 cats right now. I love my kitties, they are family. But........i don't think you, Landlord or interestedParty, are being fair to the tenants. You stated that the tenants were offered humane traps - and then what? Those traps MUST be monitored to ensure a cat does not get trapped and left in there. Why is it the tenant's responsibility? Landlord, you need to DO something. The neighbor has built nests on your property and the cat howling and pee smell is offensive to your tenants as it would be to me. It's YOUR responsibility. While I don't think the tenant is required to trap these cats, I don't understand you placing the onus on the tenant to resolve the problem. The tenant is paying YOU and it is a landlord responsibility, IMO.
I have to laugh at the "this is a neighbor vs. neighbor" issue and not a LL tenant issue. Guess what? If the LL owns the house he is the "neighbor". When the tenant is long gone and forgotten guess who still has to deal with the neighbor issues?
I have to laugh at the "this is a neighbor vs. neighbor" issue and not a LL tenant issue. Guess what? If the LL owns the house he is the "neighbor". When the tenant is long gone and forgotten guess who still has to deal with the neighbor issues?
A landlord's obligation with residential rentals in my State is to provide a dwelling in compliance with applicable law...
The neighbor's cat has nothing to do with my meeting my obligation and this is even more of a point when the rental is a single family home and the cat is owned by someone the owner has no contractual relationship...
That said, property owners pay a lot of money in local property tax... and, at least in my city, a lions share goes to schools and pubic safety.
There are established procedures for reporting and documenting illegal activity to the authorities... those charged with the power to uphold the laws of the community.
I as an owner cannot report things without actual knowledge of the event... for me to repeat what my tenant says would be hearsay and almost never admissible in legal proceedings...
Any person that is accused of violating the law is entitled to have the opportunity to refute the charges...
At one property, I nipped the neighbor thing in the Bud by preparing, with the help of the local police a flier detailing exactly what the police need to pursue a complaint...
Many just looked at it and said they would not get involved... the same people that were complaining the loudest to me... refused to swear out a complaint
I provided a simple and effective solution that may or may not be permitted at this location... installing an electric wire that sends a mild, environmentally friendly, chemical free, non-lethal charge to deter animals from entering the property.
A landlord's obligation with residential rentals in my State is to provide a dwelling in compliance with applicable law...
The neighbor's cat has nothing to do with my meeting my obligation and this is even more of a point when the rental is a single family home and the cat is owned by someone the owner has no contractual relationship...
That said, property owners pay a lot of money in local property tax... and, at least in my city, a lions share goes to schools and pubic safety.
There are established procedures for reporting and documenting illegal activity to the authorities... those charged with the power to uphold the laws of the community.
I as an owner cannot report things without actual knowledge of the event... for me to repeat what my tenant says would be hearsay and almost never admissible in legal proceedings...
Any person that is accused of violating the law is entitled to have the opportunity to refute the charges...
At one property, I nipped the neighbor thing in the Bud by preparing, with the help of the local police a flier detailing exactly what the police need to pursue a complaint...
Many just looked at it and said they would not get involved... the same people that were complaining the loudest to me... refused to swear out a complaint
I provided a simple and effective solution that may or may not be permitted at this location... installing an electric wire that sends a mild, environmentally friendly, chemical free, non-lethal charge to deter animals from entering the property.
I really don't see what you posted as being a response to what I posted. If two people own houses next to each other they are neighbors. It doesn't matter that one is a LL with tenants and one is not. Any "neighbor" issues that impact the other neigbor also impact the LL ultimately if it impacts the relationship between tenant and LL.
And I'm not sure what you are trying to say about reporting issues. Are you saying that if you called animal control they would ignore you since you aren't living in the house and don't have direct knowledge of the issue? (which actually isn't the case in this example as the OP does have actual knowledge of the issues).
I really don't see what you posted as being a response to what I posted. If two people own houses next to each other they are neighbors. It doesn't matter that one is a LL with tenants and one is not. Any "neighbor" issues that impact the other neigbor also impact the LL ultimately if it impacts the relationship between tenant and LL.
And I'm not sure what you are trying to say about reporting issues. Are you saying that if you called animal control they would ignore you since you aren't living in the house and don't have direct knowledge of the issue? (which actually isn't the case in this example as the OP does have actual knowledge of the issues).
Sorry for being less than direct...
As a manger or owner... my options are extremely limited when the activity in question is not perpetrated by someone living at the address I manage.
Past experience has shown Law Enforcement (Here) will not act on Hearsay...
Even in the case where a tenant's vehicle was damage by a neighbor teenager throwing rocks over the fence and caught by the tenant... I as the property owner where the incident occurred could not obtain the police report and the reason given were privacy rights of the minor
It can be frustrating, again, speaking from where I am... Landlords are finding themselves with ever greater responsibility and fewer tools to deal with issues...
Case in point... a local Landlord moved to evict a family based on illegal Drugs use... In my city, we have a Just Cause Eviction Ordinance that works in tandem with the Rent Control Statute.
The Landlord was unable to get and eviction because the Landlord was unable to "PROVE" illegal activity... those that had complained were unwilling to testify... the eviction was not granted.
Several months later, the teenage child was killed not more than a mile from the apartment and the death was determined and reported as Drug related.
A Landlord or Manager's hands are often tied...
If you call me and report a plumbing problem, leaking roof, etc... I will respond immediately and do whatever is necessary to alleviate...
Calls regarding a non tenant neighbor's cat crossing the property and using it for a litter box are often very challenging because the remedies are limited or non-existent...
I really don't see what you posted as being a response to what I posted. If two people own houses next to each other they are neighbors. It doesn't matter that one is a LL with tenants and one is not. Any "neighbor" issues that impact the other neigbor also impact the LL ultimately if it impacts the relationship between tenant and LL.
And I'm not sure what you are trying to say about reporting issues. Are you saying that if you called animal control they would ignore you since you aren't living in the house and don't have direct knowledge of the issue? (which actually isn't the case in this example as the OP does have actual knowledge of the issues).
Landlords are usually considered the property owner, not a neighbor. They do not live there.
Why can't the tenants take responsibility and call the City, animal control or the humane society regarding these cats?
If the neighbors had dogs barking all day long or getting out every day and using the tenants yard as a bathroom or digging holes, should they call the landlord then? I don't think so. It's not a landlord problem. They should call animal control.
I've tried to intervene on my tenants behalf before. Some things are best left to those who actually live in the house to handle. Neighbor problems are one of those things.
Ok the whole story was not told in the beginning to try and not bias the responses.
The 'neighbor' IS a cat hoarder. There are over 15 cats that stay indoors and many many that are being fed outside by this neighbor and his wife.
This has been a problem for the tenant for 6 months. Both parties are not working with each other to resolve. The tenant has been offered humane traps etc and have turned these offers down.
The 'stray' cats outside that the neighbor is feeding are being fed under the tenants bushes and the 'neighbors' went so far as to make beds in said bushes. There has been a formal request now to the 'neighbor' to remove these items and not place them on the property.
I do not condone the shooting of these animals. This was an illegal and inhumane act but the 'neighbor' didn't report it right away. We have no proof to speak of...a witness, but by the time the police came out that was all there was...considered hearsay.
I do not think it's the problem of the landlord in this matter. Both parties are being petty and need to resolve and get along. There are way too many cats. I take care of strays in my apt as well and even with that there is a limit!
This changes a lot. Since the neighbor didn't report anything to the Police and it's been a long time then there is no reason to suspect the tenant did anything. In that case the LL cannot be held liable for anything because the tenant didn't do anything illegal. Heresay by the neighbor doesn't prove the tenant did anything. However, had there been a Police report or proof that a tenant or this particular tenant did shoot an animal/pet then yes it could be a big problem for the LL. Sometimes LL get sued in situations like this but I doubt that would happen now that you gave me more information, TY.
Yes there are way way too many cats but I can understand how the neighbors feel wanting to keep them and help them. I just don't think they are or can with so many. I can understand why the tenant is so upset being that there are so many so close. It must smell pretty bad with so many roaming around. I doubt the cats are deficating and spraying in the bushes where the beds are so I'm not so sure moving the beds will help. That migh make them use the LL property all the more for a bathroom. Maybe they are being petty by now but the fact is all of the cats need to be spayed/neutered if they aren't already and given all necessary shots/medical checkups. I hope the neighbors at least did that much but having so many to take care of I doubt it all being done for all of them. Maybe Alley Cat Allies or Alley Cat Alliance Org can help them if they aren't all spayed/neutered.
It's not up to the tenant to trap the cats no matter how much of a nuisance they are to him/her. Although the tenant(s) could call the Municipality and report the neighbors hoarding/owning a possible over the limit amount of pets it's really up to the LL to look into it because they own the property.What good does it do to feed strays and then do nothing to help stay healthy and prevent more homeless strays.
Last edited by Lolipopbubbles; 01-31-2012 at 06:07 PM..
Landlords are usually considered the property owner, not a neighbor. They do not live there.
Why can't the tenants take responsibility and call the City, animal control or the humane society regarding these cats?
If the neighbors had dogs barking all day long or getting out every day and using the tenants yard as a bathroom or digging holes, should they call the landlord then? I don't think so. It's not a landlord problem. They should call animal control.
I've tried to intervene on my tenants behalf before. Some things are best left to those who actually live in the house to handle. Neighbor problems are one of those things.
The neighbors are now making cat beds on the LL's property. Someone can argue all day that isn't the LL's problem, but I would never agree with that. The LL is going to have to deal with this sooner or later. Even if these tenants move out I'm sure the next set aren't going to be thrilled when they find out the house comes complete with a flock of cats on the property.
I would at least call animal control. Maybe they do nothing. But can it really hurt to try?
The neighbors are now making cat beds on the LL's property. Someone can argue all day that isn't the LL's problem, but I would never agree with that. The LL is going to have to deal with this sooner or later. Even if these tenants move out I'm sure the next set aren't going to be thrilled when they find out the house comes complete with a flock of cats on the property.
I would at least call animal control. Maybe they do nothing. But can it really hurt to try?
Maybe the cat friendly neighbor has a friend looking for a cat friendly rental?
Just a thought...
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