Served Summons & Complaint by the Health Department

[Teresa Humphreys]

Has anyone been sued by the Health Department?  I was just served with a Summons & Complaint and ordered to attend a Hearing.  The prior tenant had contacted the HD without even notifying the property management company until we began getting notices. The PM team, immediately started making the list of required repairs, but each time the HD would return to the property, they would discover new "violations" such as a lightbulb being out (I'm not kidding).  We have an entire file of repair receipts, records, photographs of all the repairs that have been completed at the property.  From reading the Complaint they want to fine me 2500 and issue an injunction.  

[Steve Lehman]

@Teresa Humphreys @Jay Hinrichs

Health and Hospital is the old Code Enforcement and board of Health. Marion County changed it over to Health and Hospital a year or 2 ago. 

Teresa - You are not being sued you are being taken to court for complaints to your property. You were named because you are the owner of the property. Health and Hospital probably got it through the Landlord registry or the tax records. Even though the lease is between the Tenant and the PM they will go after the owner. The $2500 is a fine that can be impose should the judge find you guilty of being out of compliance wth city and county codes. This will appear on you next property taxes if not paid the day of court. If you do not pay it the will start to add additional late fees to that $2500 fine. 

From your remarks it appears you had an eviction or something go bad with the previous tenant. Ether way the old tenant called the Health department, the HD sent an enforcement officer over and found that the property is not in compliance.  and now this is what you, an attorney, or your PM will have to go to court. Sorry to say but tenants do these things, I know from personal experience. 

My suggestion to you is to get together with your PM and come up with a game plan on who will appear in court and if an attorney should be contacted to represent. If your PM is a good one they will have everything documented. All that documentation should be brought to court. The more leverage you and your PM have the better. 

One more thing, before you go to court make sure that all the repairs the HD wants done have been completed. This way you will have a better fighting chance of not getting that fine. 

I am sorry you have to go through this. I have been there and it is not fun but makes for a good learning experience.