What would you do in this case?

What would you do in this case?

Agent / Investor · Clearwater, FL · Member since 2014 · 573 posts · 281 votes

Looking for opinions on how to proceed, the property is in Pinellas County, Clearwater to be exact. 

I purchased a property a few weeks ago to rehab and have had nothing but problems with the next door neighbor. Before I purchased the property, upon introducing myself to the neighbor, the first words out of her mouth were "oh, we are going to have problems". She proceeded to tell me the property I was buying was partially on her property (she is actually only the tenant, not even the owner. She claims she is in the process of buying the house but she is still just the tenant). After hearing about this potential issue I had a survey ordered, as I would not have proceeded with the purchase if my house was encroaching on another property. 

The survey came back and showed my property was okay, I have about 6 inches between the edge of my property and the edge of the property line. I even located the owner and explained over the phone that I would be fixing it up, she said she had no problem with me standing on her property to do the repairs I needed (mainly removing a wall AC unit and patching the hole, and then painting). At the time I knew I would be better getting a written signed approval but she stated that wasn't necessary. 

I purchased the property but every time my guys are there working, the tenant is there watching out the window like a hawk. Any time anyone comes anywhere close to the property line she comes out of her house and tells them to not step foot on her property or else she will call the cops. 

In an attempt to get things done appropriately, I called the non-emergency police line and asked them to come out where I quickly did the repairs necessary on the side close to the property line (figuring it was better to call the cops myself than to have the cops called ON me). The tenant was adamant to the cop that I was not allowed on the property and that the owner told her to call the cops anytime I stepped foot on the property. Long story short I was not able to do work that day, turns out the tenant had also called code enforcement and told them I was doing things without pulling a permit so code enforcement came out and gave me a red tag (even though code enforcement never actually put a notice or anything on my house/door). I only figured it out because the tenant told the cop I had a stop work order and he called the building department. 

I am in the process of getting the stop work order part cleared up, pulling any permits necessary to stay out of trouble from that standpoint. In the meantime, the tenant has also run off the termite tenting company who came to tent my property for termites. I was out of town when they came, but the tenant would not allow them on that side of the property to fully close off the tent (there is a small wooden fence on one side and then a makeshift mesh fence she put up on the other side, preventing me from accessing that side of my property). 

So after the long story above, I don't know the best way to proceed in order to get my property fixed up. I still need to tent the property, and replace siding and paint that side of the house. I will also be putting up a fence ON the property line (the current fence shows 1.4 feet onto my property) and I am sure that will be an issue. I managed to talk to the owner again and she changed her statement and now will not give me access. She claims she is selling the property and just can't let me, although she doesn't have a good reason. 

The tenant herself is the biggest B^%$ in the world and is just out to screw up this entire job. She claims that side of the property (formerly a garage) was enclosed without permits back in 1993, and that I am going to have to tear it down, although the building department and code enforcement don't care one bit about that. 

My only choice so far regarding the painting/siding repair is to quickly have my guys do it one day when I am there, and just deal with the cops when they come. 

Is there any other legal actions I can take in order to access this section of my house and get the work done? It is literally only 6 inches so in reality we will have to have our feet on the other property slightly in order to do the work. 

What would you do in this situation?

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Rental Property Investor · Upstate, NY · Member since 2012 · 3k+ posts · 3k+ votes
7y

Buy the home she's in & evict :)

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  • Clermont, FL · Member since 2017 · 37 posts · 43 votes
    7y

    Man, this was tough to read. Sorry to hear. Doesn't she have anything going on? You think she'd enjoy looking at a nice reno-d house instead of whatever is there now. LOL!

    I would document the hell out of this situation personally. It sounds like the current owner is backing off from whatever verbal deal they made with you. Unfortunate - is there any sort of relationship you can salvage? Get everything in writing of course.

    It really does sound like the tenant is harassing your teams. I'd start considering some official legal advice as she's preventing your business from operating. If you have the documentation to show everything you're doing is within legal bounds and there's no HOA or deed restricting you from fixing up the place, the tenant, owner, or the owner's grandma shouldn't be able to stop you.

    I would also continue to file complaints with the local police about the harassment or even go down to the station in person, meet the local officers, build a rapport. Show them that you're not trying to do anything funky or illegal, that you're investing in the town, beautifying the neighborhood. Get them on your side so that when things with the neighbor's tenant get worse (and it sounds like they might) you have a history with the local force and there's no surprises about Mrs. Crabapple.

    Good luck!

  • Palm Bay, FL · Member since 2016 · 76 posts · 23 votes
    7y

    Im not sure what your plans are down the line with this house (flip/ rent out). Trying to sell this house with her next door will be 10 times worse when she starts harassing each potential buyer. or if you have tennats she could be a problem neighbor which will cause people to not want to stay long term. 

    I would talk to her and offer her $1000 once the house is sold to stay quiet and let your people work. I would get away from her as quickly as possible. 

  • Rental Property Investor · Upstate, NY · Member since 2012 · 3k+ posts · 3k+ votes
    7y

    Buy the home she's in & evict :)

  • China, ME · Member since 2014 · 3k+ posts · 4k+ votes
    7y

    @Brandon M. You mentioned that the owner of the property next door has given you permission to set foot on her property to accomplish the work you need to do.

    I'd get that in writing and get it notarized, then deliver a copy to the tenant by a sheriff or constable (however it's done in your area) so she cannot claim that she didn't receive it.

    With all that as backup, do the work you need and set up video surveillance for your own protection.

    Good luck!

  • Flipper/Rehabber · Montgomery, NY · Member since 2016 · 2k+ posts · 1k+ votes
    7y

    Your house has 6" from he exterior wall to the property line? Does that meet setback requirements? This is probably not possible, but can you erect a scaffold across that side of the property off the ground front to back. Is there a law that you cannot be over her property or just stepping foot on the property.

    Honestly I would be speaking with the current owner and even the local police to ask them what you have for options to fix your house. I can't imagine someone can keep you from repairing your own house...

  • Agent / Investor · Clearwater, FL · Member since 2014 · 573 posts · 281 votes
    7y

    @Nick Harvey - the plan is to flip it. The tenant is the biggest B#$#% in the world and is completely irrational so that is pointless. 

    @Pat L. - that would be the greatest move in the world, if only I could get the owner of the house to answer my call again. I would actually be tempted to make her an all cash offer and then immediately file for eviction. Highly unlikely I could make that work though. 

    @Charlie MacPherson - Let me clarify my story above. Initially the owner gave me permission verbally before I actually bought the house, but upon talking to her again after the first run-in with the tenant she completely did a 180 on me. She never gave a real justification for the change of heart, just said she couldn't give me permission at this time. It seems as if she doesn't want to make her tenants mad since they are buying the house. Which is ridiculous. 

    @Brian Pulaski - I took the survey down to the city building department before buying the house to make sure I was okay. I was told that I could not do any additions to this part of the property that was that close to the property line, but I would not have to do anything with the existing structure as it stands. As mentioned above I have tried speaking with the owner, and also tried calling the police to come out the one time as a "keep the piece" type option, but neither option has worked so far. 

    One option I need to try to pursue further is the other owner on the deed. The owner mentioned she owns it with her ex-husband, I have tried tracking him down but with no luck so far. I am hoping he would love a "stick it to the ex-wife" type situation, even if I have to give him a little bit of money in order to secure his written approval. I am pretty sure that having permission from one of the owners on the deed would suffice. My next step is to go speak with the tenants of another property that the ex-husband owns on his own, hopefully they are willing to give me a phone number I can reach him. 

    My only other option right now is to just go do the work and deal with the cops when (not if) they come. The work we can do pretty quickly, even painting the new wood siding before we go over to attach it. Right now the other option I have for tenting the property is to just offer that to the new buyer as part of a deal, but making the new buyer schedule that AFTER the closing. Then the new buyer can deal with the tenants after I have cashed my check. Not sure what other option I have. 

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