All Forum Posts by: Samantha Serenes

Thank You, @Matthew Paul. Much appreciate the info you sent. I came across something similar as well as something else that said if you are negligent, your neighbor could file a dispute. 

I think I should at least show that I'm not negligent plus the trees look like needed to be cut. Cutting all the trees is $700 (they are very tall) and removing them all is $3000. If I cut each year for 3 years I already pay for removing them. That's why I'm leaning toward removing them and don't have to deal with them again. But still haven't decided. 

Appreciate the info showing that I don't need to worry too much about roots in their backyard. That was very helpful and a big relief. Thank you!

Thank you @Kar Sun. I know what you mean. It could be ongoing. I work for a law firm as a staff but my firm doesn't have this practice. So I was thinking to get a referral. I'll definitely rethink about it and will do more research. Appreciate your comments. 

@Kar Sun Thank you for your input. I agree with CA is not a good place for landlord's rights. 
I was thinking to have a lawyer to at least help me draw the scope of the work that my neighbor can agree on and also calm him down since he seems to keep bringing up more things. 

@Bruce Woodruff Thank you for your input. I thought of a lawyer because my neighbor is very difficult. Having a letter from an attorney might calm him down. I was planning to just get the letter from an attorney which I guess might be an hour charge at the most.

@Bo Bond Thank you for taking the time to respond. It's been a month and insurance is still waiting for the Koning report. Not sure if it means they seriously look into it or if it is just a delay. I wonder why it takes this long if they know they will not cover any. I understand it could be just a slowness. 
I initially asked a neighbor to pay half for the fence and he was very upset and brought up all additional items (uneven ground, cracked plantation seating on the side of the fence, and more). 

I had a free 30-minutes consultation with an attorney and he said to replace the fence and sue them for half of the cost. I don't know if I want to go that far and deal with that hasstle but the neighbor is very difficult and irritating. 

@Matthew Paul @Wayne Brooks Thank you for responding. I'll do more research.

Hi, I need advice, please. Should I hire a lawyer or should I start fixing all this mess? Sorry for the lengthy story. 

The house I bought a year ago has a shared fence with a neighbor. At the end, there are 2 gates on both sides for my property and my neighbor's. I rent it to a tenant. It's in California.

1. A month ago HOA notified me that the gates didn't close properly and needed to be fixed soon by me. He thinks it's caused by my trees pushing the fence from the middle line. The neighbor has no trees. He notifies both me and the neighbor.

2. The neighbor said I need to remove all the trees (10 melaleuca trees) and replace the fence asap. The trees are too tall. Branches and leaves touch their windows on a windy day. And the trees are leaning against the fence. The fence is unstable. The fence is 20 years old by the way. 

I responded that I'll remove all the 10 trees and replace the fence at my own expense. The gate should fix itself once we have a new fence. 

3. The neighbor then added that the ground on their side is uneven. When removing the trees, they want me to lift up the brick paver on their side (they are small bricks and look easy to remove and put back) and check underground if there are roots and whether they cause foundation issues on their side. The fence is about 6 feet away from their house. 

I reported this to insurance and insurance said there is only 1 tree that touches the fence. The rest are about 4-6 inches from the fence. The roots are touching some part of the fence. Per insurance, the fence is still straight. 20 years aged fence contributes to wear and tear. They make it sounds like all these complaints are over-reacting. I'm still waiting for my insurance if they will cover at all or none. 

My preference is to remove all 10 trees and replace a new fence and be done with it even if the insurance doesn't cover this cost. But my neighbor seems to be a difficult person and now starts talking about liability for their tenant if they slip and fall due to uneven ground that they think is caused by my tree roots. I honestly don't know what causes the uneven ground. It could be the earth moving or the tree roots. 

My concern is replacing the fence and removing the trees may not be it. It could be opening a can of worms for more requests/ complaints. 

Do I need an attorney? Or should I proceed and do those 2 things? 

Thank you in advance for your time and for your help. 

Thank you all for your input. 

There was a flood in the room addition in my rental recently which the tenant uses as an office/ bedroom (the actual bedroom is small and this addition is much larger so he prefers as a bedroom). Restoration company dealt with the mold and my contractor replaced dry walls and changed from carpet to tiles

The property mgmt company asked me to offer 2 weeks rent free which I did. The property company told me that this is nothing compared to being sued for mold.

I don’t know why he mentioned being sued. I get intimidated and want to see if there is anything I can do to prevent a lawsuit or protect myself.

The tenant has been renting for 4 years and is now on a month to month. Last contract ended in January and I’ve tried to increase the rent for $100. He said he has been taking good care of my house and fixes things when he can. I’m not acknowledged of any fixes since he doesn’t let me know. At the same time I routinely maintain the property per any items I get requested from the management company.

After all these fixes, the management company told me the renter wants to sign a new contract. I wonder who like to be in contract. Does this has anything to do with planning a lawsuit? 

He refused to go check up his health for mold. 

Can he file a lawsuit years after he moves out from my property? Let's say 10 years from now he has lung problem, can he blame this incident.

Bottom line, I wonder if I should find a new tenant. Is there any document i can make him signed stating that if he doesn't get checked up now to clear his health he can't pursue legal action regarding this incident? This is all from my fear for a lawsuit. Any advice is appreciated.  Thank you.