Help me write a legal document for house-sitting.

December 13, 2005 10:02 PM

Recently, a nice-sounding girl posted in a local forum, asking for help over Christmas. She needed someone to come to her house and feed and administer a pill to her cats while she's away. Fearing an unscrupulous individual may try to take advantage of her (as this is a public forum), and genuinely feeling generous and helpful this Christmas season, I offered myself for help. One small thing: I want to prepare a legal document ahead of time to ensure that both of us are protected in the event of a break-in or other calamity, and I need help!

I don't want to be left holding the bag if any of the following terrible things happens:

- death of either or both cats
- robbery
- arson or other property damage

Similarly, I want it to be made clear in this document that I will be in the house for the express purpose of feeding the cats and administering their pills and none other. Further, that I will co-operate fully with the police or other civil officials, but unless any evidence found actually in my posession, I will not be held liable for any mishaps.

I've semi-stalked her for a bit (read her livejournal going back a while), and she seems to simply be a nice girl, studying to be a vet, and maybe a bit too trusting as regards the local community.

What do I need to add to my document? What should I be wary of? What questions should I ask her when I meet her (before we agree on this / sign the document)? What should I be REALLY REALLY CLEAR ON?

posted by Imperfect to law & government (31 comments total)

If you feel you need a contract to look after her cats, you need to walk away from this situation.

If someone offered to look after my cats and then turned up with a contract (having 'semi-stalked' me) I'd move house.
posted by unSane at 10:12 PM on December 13, 2005

What unSane said.

And just invite her out already.
posted by dydecker at 10:16 PM on December 13, 2005

I'm not sure what you want to indemnify yourself against. If you assume responsibility for her house and her cats, then you're responsible for them. Generally, the solution that professionals employ is insurance/bonding. I assume you have neither, and therefore can be held personable liable if damage occurs due to negligence or otherwise under your care. This is generally why strangers don't assume responsibility for other people's property and pets.
posted by loquax at 10:18 PM on December 13, 2005

If somebody showed up to my place indemnified against arson and the death of my dog, I'd have a "sudden change of plans".

I don't think you're cut out for pet-sitting.
posted by I Love Tacos at 10:40 PM on December 13, 2005

Er, perhaps you can have the cats over at your place? At least then you won't have to worry about robbery, arson and property damage. Just have to worry about the cat(s) dying.

Consider the lucky situation where you end up dating her and for some reason you let slip that you were "semi-stalking" her.
She might be a lot less freaked out if you had just catsat them at your place instead of if you had access to all her personal belongings (even if you leave her personal effects alone - she might wonder).
posted by curbstop at 10:46 PM on December 13, 2005

If you really want forms here you go --

Nolo has forms for this:
Pet care and House sitting.

They have spots you can put in things you might be concerened about, but generally I think as long as you act in good faith you have nothing to be concerned about.
posted by bigmusic at 10:50 PM on December 13, 2005

Are you in the U.S.? In the States at least, you can't sign away your right to sue. Yeah, you can have her sign a waiver stating that you're not responsible for death, robbery or arson. But if one of the cats dies* she can still sue you. The waiver will not stop her.

Of course, just because she sues doesn't mean she'll win.

Still, there isn't really anything she can sign that will protect you from liability. Either assume the risk yourself or don't do this.

*Or steals something. Or burns down.
posted by nebulawindphone at 11:04 PM on December 13, 2005

You've "semi-stalked" her? And want to show up at her house with a contract that mentions the possibility of her cats dying by arson? You need to be REALLY, REALLY CLEAR that this is inappropriate behavior.

Do her a favor and let her trust someone else in the local community.
posted by scody at 11:07 PM on December 13, 2005

He's Canadian.
posted by Pigpen at 11:13 PM on December 13, 2005

I'm confused. If she's studying to be a vet, does she not have anybody else she trusts (or anyone she works with) to watch the cats for her. Very rarely would I entrust my beloved dog to the hands of a stranger. Last time I did it ended up really bad.
posted by Brittanie at 11:17 PM on December 13, 2005

Whoah, whoah, calm down everyone.

First things first:

- I have a girlfriend already, and am planning to put the moves on no-one.
- Perhaps "semi-stalk" was a poor choice of words, but what I meant by it was: "I read her livejournal a while back (as it was posted in an LJ community) to make sure she wasn't an obvious jerk/whatever". I'm thinking "due diligence" on my part. And if she finds out that I read her LJ to see if she was a nutter, no-one's going to freak out.
- By "nice-sounding girl" I mean "non-psycho, decent human being, who is female".
- I can't have the cats over here, as I already have cats over here.
- I wasn't originally thinking "contract", but I discussed it with friends who have been bitten in life more than I have (not on this specific issue, but whatever), and that's what they suggested. I figured I'd appeal to the wisdom of the masses.

Mr. T, luriete, cribcage, scody: uncool. This is an honest question, written by an honest guy, looking to look out for someone, but not get himself in a lot of legal hot water in the process. And you crap on that. You're helping no-one.

Bigmusic: That's getting much closer to what I'm looking for, but I'd prefer a free resource, as opposed to a "pay and maybe get what I'm looking for" resource.

And everyone: the simple fact that there already exist these legal documents out there, purchasable online, should suggest that this isn't that abnormal a thing. I'm housesitting for someone in need, and I want neither of us to get burned by it.
posted by Imperfect at 11:21 PM on December 13, 2005

I take it you don't mean you really stalked her. I expect you mean you checked her out online, maybe checked her address in the phone book, looked up WHOIS info, etc. I assume you were just checking her backstory, since it's possible to reverse cyber-stalk you, should any Mefite have the urge. It sounds like you were a bit worried that she might turn out to be litigious or something. At least, I hope that's what you meant. I can't believe someone with their URL and real name in their Mefi profile would admit to really semi-stalking someone. I hope.
posted by acoutu at 11:23 PM on December 13, 2005

It's really this simple... if you are that afraid of getting sued/whatever don't look after her cats. She didn't ask you personally to look after them, she won't be hurt that you personally didn't respond. However I can assure you that having a stranger answering her request with a contract protecting him against property damager, pet death, what-have-you, well that would be terrifying. That's just not how one goes about being all neighborly. Dear god how can you even imagine such a thing?
posted by aspo at 11:30 PM on December 13, 2005

Mr. T, luriete, cribcage, scody: uncool. This is an honest question, written by an honest guy, looking to look out for someone, but not get himself in a lot of legal hot water in the process. And you crap on that. You're helping no-one.

Uncool? you know what's uncool? Throwing around loaded words like "semi-stalk" and then expecting the rest of us to decipher what you really meant. If you'd written the question as you wrote your clarification just now, you'd have received none of the "jesus, dude, get a fucking grip" responses. Communication's a two-way street. Write a question poorly, you'll often get poor answers.
posted by scody at 11:33 PM on December 13, 2005

Further investigation of bigmusic's links (and Googling thereafter) lead to a house sitting agreement online that I think she and I can go over and create something reasonable out of.

And one last clarification on the whole "stalking" thing: "Stalking" is I guess an unforunately common word used amongst my friends -- nearly a term of endearment for a friend you are paying close (online) attention to -- and doesn't have the same horrifying ring it does to seemingly everyone else. I thought that explaining in parentheses what I meant by that immediately after I said it would clear it up for people. For those who are still confused, here it is in bold and caps:

I DID NOT STALK HER. I SIMPLY READ HER LIVEJOURNAL (WHICH WAS LINKED TO IN HER POST) TO MAKE SURE SHE WASN'T LITIGIOUS OR OTHERWISE HORRIBLE. NOTHING MORE.

My choice of wording there was poor and I apologise. But I can assure you I'm on the up-and-up. My real name and url are linked in my profile literally because I've got nothing to hide from anyone online. I'm not trying to be sneaky. I'm trying to be helpful, and I'm trying to be careful, that's it.
posted by Imperfect at 11:47 PM on December 13, 2005

you seem nice, and by nice i mean crazy, and by seem i mean are.

luriete, did you come up with that on the fly? Cause that shit is funny.

And imperfect, beneath all the snarkiness and the strong reaction to your unfortunate choice of words (it sounds like you meant "checked out") lies some important feedback:

Wheeling the legal apparatus into a relationship that is usually informal and neighborly comes across as kind of weird. You're trying to make things all clear and safe, but the effect is potentially the opposite of what you intend.

That's coming through by now I trust.
posted by ottereroticist at 11:52 PM on December 13, 2005

ottereroticist has a point about bringing legal apparatus into something that's usually neighborly and informal. It seems weird. But if she really can't find anyone else to do it, then I don't think it's far out of line to have to deal with a few basic legal protections for the stranger who'll be inside her home, taking care of her loved ones.

Also, Imperfect, your "semi-stalk" phrasing was explained perfectly well in the opening post; I think someone would have to be looking for a snarkfest to have missed the livejournal thing, and those folks should probably rethink their urge to comment in AskMe.
posted by mediareport at 11:58 PM on December 13, 2005

Thanks, mediareport. I can sleep tonight knowing at least someone's got my back on this. =)

ottereroticist, this kind of thing is usually informal and neighborly when you're neighbors. She doesn't know me and I don't know her. I'd imagine she'd want the maximum legal protection afforded her as well. Like I said in the OP, it's also to clear up precisely what things I will and won't be doing in her home. I'll make sure that I bring the whole thing up to her in an entirely different way, so as to avoid the snafu that happened here tonight. Thanks.
posted by Imperfect at 12:04 AM on December 14, 2005

I suggest you be careful saying things like 'stalked....' -- I know what you mean, looking a little on the internet is hardly stalking in this day and age, but that expression has strong connotations to a lot of people.

But, I've got your back on this too. Good move to ask for advice. I'd be paranoid as hell in this situation. My not a lawyer opinion:

Don't think that you can cover every angle with a written document -- you need to head it off at the pass.

*** You don't know her ***

Either (a) say sorry and rescind the offer or (b) surround yourself with credible pet-assistants/witnesses the whole time.

Thankfully most people are pretty decent, don't stress too much.
posted by SpookyFish at 1:13 AM on December 14, 2005

English is not my own language, but I understood your first post, and what you mean by stalked perfectly fine. Weird how language works.

I also can totally understand why you would want a contract. I often care for plants/cats of neighbors, and I am always worried something happens with either the pets or the house. I think that's even worse if it are people you do not already know.

You are doing a good thing, helping a stranger out.
posted by davar at 1:58 AM on December 14, 2005

This site gives tips on making on contracts for pet-sitting businesses. Even if you don't make an official contract, clarifying what to do if a cat gets sick or something goes wrong is a good idea--you can do this over email if you want it in writing and don't end up drawing up a contract. Oh, and I guess the "for her protection" part would be clarifying that you don't expect to be paid.

But I don't think pet-sitting businesses can rely on signed releases of liability for protection; I believe they have to purchase liability insurance, which is obviously not what you need. I think your "insurance" in this case is just your judgement that this girl isn't a nutter who will sue your balls off for events you're not responsible for.
posted by neda at 5:33 AM on December 14, 2005

Yes, I always keep my pending litigation clearly posted in my live journal.

Yo, if you're a canuck then you really have to stop watching american tv and thinking that you're gonna get your ass sued off for feeding the neighbours cat. Stop it, you're gonna drag all the other canucks down with you.

Seriously.
posted by furtive at 5:56 AM on December 14, 2005

Are you in the U.S.? In the States at least, you can't sign away your right to sue. Yeah, you can have her sign a waiver stating that you're not responsible for death, robbery or arson. But if one of the cats dies* she can still sue you. The waiver will not stop her.

You certainly can sign away your rights to sue by acknowledging risks and responsibilities. You can't sign away your rights to sue due to negligence.

And I feel that you should be allowed to ask her to sign a contract, but give her plenty of warning that you're planning on doing this. When I got a free ride with my other male buddy to New York from Chicago, the girl's father was understandably concerned. Although he didn't make us sign contracts assuming responsibility for the welfare of his daughter and car, he did record our driver's license numbers.
posted by onalark at 6:48 AM on December 14, 2005

[some comments removed, please keep it on topic folks?]
posted by jessamyn at 7:08 AM on December 14, 2005

I've done cat-sitting for others, and had others do it for me. Nothing like this has ever been an issue. Then again, it was always friends or friends-of-friends.

However, I did have a neighbor who was looking after my cat ask me to draft a letter authorizing her to take responsibility for my cat if she needed to go to the vet. I thought that was a good idea, and did so gladly. FWIW.
posted by adamrice at 7:19 AM on December 14, 2005

An informal handwritten contract in everyday language written on a lined paper torn from a spiral notebook, is still a contract. If you must do this, simply say "let me just write out this note about what I'm supposed to do, to make sure I have it straight."

Don't include a bunch of hold-harmless clauses, and absolutions for things you didn't and won't do. Just state what you will do, and have been asked to do.
posted by StickyCarpet at 7:32 AM on December 14, 2005

Request that she send you a detailed email with information about the cats and her house. We went out of the country for about two weeks, and the people in my house were my Very Good Friends, but I still sent them a crazy long email (that I would be happy to fwd to you as an example if you would like).

What you need to know:
What dates you are expected to be there, and what you are expected to do

Cat's Vet (name, address, phone number)
Emergency Vet of her prefernce (n/a/ph)
Directions to both from her home would be nice. She should let the vet know that someone besides her might bring them in. We verbally notified our vet (who said, "Oh, we know the cats, we'd take care of them no matter what because you guys are known to us" but her vet might need a release).

Anything you should notice (like, if cat vomit is big deal for her cat, then you need to take it to the vet, etc)
Anywhere they should not be, doors that should be closed.
Any weird behaviors to look out for (example: one of ours is obsessed with the garage and will go out there if you let her, which you shouldn't)

Litterbox rules/needs
Feeding rules
Water rules
Medicine Rules

Names/phones of where/who you should call if something goes wrong (cat wise or house wise)

Thermostat settings (should you change them or not, if so to what and when)

This was everything we could think of, and we were going to be incommunicado for 10-14 days. Making sure you have and then using this information shows good faith. Add a contract to it if you wish, but just make sure you know exactly what do to if say, the apartment/house floods or whatever.
posted by Medieval Maven at 9:33 AM on December 14, 2005 [1 favorite]

Medieval Maven should get best answer.
posted by misterbrandt at 12:57 PM on December 14, 2005

Yeah, agreed. I would have done it sooner, but our internet died just recently.

Thanks all.
posted by Imperfect at 4:27 PM on December 15, 2005

FWIW, everything went off without a hitch, and I now how a new friend.

Thanks, those that helped.
posted by Imperfect at 12:39 PM on January 6, 2006

It sounded like you were talking about pet sitting rather than house sitting:

There are some free forms and guidelines at the site below
for visiting pet sitting services - that charge for their services . You could use these as a starting point.
Pet sitting articles

House sitting is normaly live-in - exchanging home, pet care and garden care for free accommodation. The site below has a free house sitting agreement but you need to register with them to download it.

House sitting agreement/checklist
posted by determined2bee at 4:02 PM on June 6, 2006