Take my loss or continue to fight?

Question

Hi All,

I own a 2-family, which is currently my only investment property and the first house I bought. I now have both sides as rentals and get great cash flow. So far everything has gone well with the exception of a few headaches, but now I have an issue on my hands and I would love all your advise on.

When I bought the house the yard was a mess and I had a landscaping company clean out the yard, plant new grass seed, etc etc. He really cleaned the place up and made it look nice. After that I had him plant 14 arborvitaes along the back of the yard with the plan they would grow and create a nice natural fence. I watered these things correctly and now every single one is dead after 1 year of install. The kicker here is he guaranteed them for 4 years and I have been going back and forth with him for 6 months on replacing them and now he will not answer any call or text. These cost me $4,000 to install.

Should I take my lump and move on or should I go the attorney route? I really hate losing but I also don't know if this is worth much more time and energy. I would love to hear from you all and see what you think.

Thank you!

John Underwood · Answer

The attorney fees will likely approach the amount of money you put into these plants.

The lesson is don't put a lot of money into a rental property landscaping as renters generally won't take care of them.

Nathan Gesner · Answer

Small claims court is inexpensive. I would file. Maybe he'll negotiate something with you once he sees the summons and realizes you're serious. If nothing else, you get a judgement and can send it to collections. Then move on.

Greg M. · Answer

You paid $4000 for 14 Arborvitaes? That's $285 a tree. Unless they were really tall, that's extremely expensive.

Get a couple of estimates for removing the dead trees and include that in damages you're asking for. Send him a demand letter for damages via certified mail. When he doesn't respond, file a small claims court suit (99% likely it can be done online) and have him served through the court (usually it is an off duty police officer).

Even though there are a lot of variables with vegetation, it's seems pretty open and shut. He guaranteed their life for 4 years (assume this is in writing). You claim to have taken care of them correctly and proving otherwise is nearly impossible. He failed to replace them or pay you back.

Your downside is a couple hours work and another $100. Your upside is $4000+. Only you know what your time is worth.

Theresa Harris · Answer

Rent a trailer, get a shovel and dig them up and drop them off at the green waste.  You can plant some new smaller ones.  Depending where you are, some of those may be on sale at garden centres this time of year.

Michael Plante · Answer

Small claims court learn a lesson

Next time just put up a fence

Bruce Woodruff · Answer

I don't think you will get anywhere going to Small Claims Court over this....there are too many variables concerned when it comes to plants and vegetation. The water as you mentioned, but also the soil, any bugs or rodents, etc...

If the guy only planted them and then you took over the the care and maintenance then it seems it is on you, unfortunately.

I'd just build a fence and forget about this....

Bruce Woodruff · Answer

That was my thinking, I doubt any SC judge would disagree since it is so common for homeowners to over-water....

Take my loss or continue to fight?

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