All Forum Posts by: Vishakha Penney

One of my rentals has a neighbor, who, bless her, hates trees. Every year she calls me to complain about the acorns falling on her driveway, on her roof and scaring her dog, on her Mercedes.

I allowed her to trim the branches that were overhanging the property line, at her expense, but now she is unhappy about the roots growing into her new driveway.

She wants them topped, which will cost at least $1000, and is claiming her tree guy said they are diseased, so this may not help much anyway.

These are huge oak trees, over 60 years old at least.

They are not a problem on my property as far as I can tell, and to be honest, I'm having a hard time distinguishing between her just hating trees, and what I am actually responsible for taking care of as a landlord.

For example, she is claiming that if acorns damage her Mercedes, I am liable. Is that even true?

Any and all advice appreciated.

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Thanks Marcia, this is really helpful!

Originally posted by @Marcia Maynard:
Number one, document everything thoroughly and keep those records for a long, long time.
Consult an attorney to make sure you're in the clear and know what your legal options are.
Landlord-tenant law for the jurisdiction of where she resided is key for pursuing a judgement against her. If you missed the time window (and proper method) to present her with a final accounting of retention or return of the security deposit, she may be able to successfully pursue return of her full security deposit through the courts. When a tenant moves and gives no forwarding address, generally you are only required to send the final accounting and other correspondence to the tenant's last known address, which is often the unit they rented from you.
Even if the tenant doesn't have your home address, they may be able to serve you at your place of business or one of your rental properties when you happen to be there. You too may be able to serve her at her work place or the address she gave the court. Perhaps she's moved back there or goes there to visit or check mail.
You can also mail a demand letter (for the amount she owes you) to all the addresses you have for her, with "Address Service Requested" on the envelope (in the proper manner). If the post office has her forwarding address on file and it hasn't been over 18 months, they will notify you of her new mailing address.
Good Luck!

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She was on a nine months lease, but did not give me sufficient notice that she was leaving at the end of the month. Our contract requires a 30 day minimum notice to move out, even if the lease is ending. Part of her deposit therefore, did go towards pro-rated rent, and she was lucky I found another tenant who was willing to move in mid-month, or yes you are correct, it would have all gone towards rent.

Originally posted by @Lei L.:

Is your prior tenant on a one-year lease? Do you have terms on your lease about something like " tenant leaving before contractual term should be responsible for the remaining rents of the remaining terms..." ? If so, the deposit might not cover the "remaining rents", right?

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Thanks JD. Hindsight, sigh. I only emailed her an accounting, as she never provided me with a physical forwarding address. I guess I should have mailed it to her PO box, but I was waiting, hoping she would give me an actual address.

She had told me that she had fixed all the things that I noticed on her pre-move out inspection, but she had not done any of it decently, ruined the carpet, ruined the paint, left a cockroach infestation, left mattresses and furniture in the front lawn, didnt cut the grass, etc etc.. Because there was so little time between when she moved out and the move in date of the next tenant, I could not find anyone to do the work, and so was obliged to do it myself (an hour away from my home and in a sketchy neighborhood, fun)
I feel my estimates of what I "charged her" were probably overly generous if anything, but I did not get estimates from anyone, as there was no time to do so.
Would the law consider these points?

Originally posted by @JD Martin:

You should always be mailing an accounting of what the deposit was used for, if you are not returning it. We send it by invoice and keep a copy of the post-residency move-out inspection on file, which we will e-mail to the tenant if they request. It is very rare we have enough damage to keep an entire deposit, and if that was the case we (and the tenant) generally know this before they move out as someone has done a cursory (but not final) inspection before they move in case there are any issues they would like to address themselves before it is deducted from the deposit (replacing a broken blind, for example). If you do any work yourself you generally cannot deduct your labor from the deposit, only actual materials. If you have anything done that is expensive you would be wise to have at least a second estimate.

If you didn't provide any accounting of what the deposit was used for, the law generally says you have to give it back.

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Thanks Jason. I get the attorney recommendation, but this girl only owes me about $650. Do you still think it worthwhile to hire a PI?

Originally posted by @Account Closed:

@Vishakha Penney

Hire an attorney and private investigator.

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I’m no attorney, but this is pulled straight off of the county court’s website page on civil suits.

Originally posted by @Andrew B.:

Originally posted by @Vishakha Penney:

Looks like in NC, the civil suit must be filed in the county where the defendant resides. Which my tenant did not do.

"The Civil Filings Department of the Forsyth County Clerk’s Office has paperwork for money owed, possession of property and summary ejectment (eviction) proceedings. The paperwork must be filed in the county where the defendant resides. The paperwork can be picked up in The Civil Filings Office, room 243 located on the second (2nd) floor of the Hall of Justice or can be obtained from the Administrative Office of the Courts website..."

From my understanding of contract law, the plaintiff may file in 2 counties; the county that the defendant lives in OR the county where the transgression occurred. In this case she could file in the county where you live or the county where she was renting from you.

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Thanks John. I called the court and they were able to find the summons. The clerk told me because she has not been able to serve me I do not have to do anything and she will not be able to get a court date. When I told her the tenant herself owes me money, but I do not have an address, she gave me the listed address, her old address from two years ago, interestingly enough. So, it seems I will not be able to countersue her either, lol.

Originally posted by @John Underwood:

Originally posted by @Vishakha Penney:

How do I get the paperwork without giving out my home address?

Google 13th circuit court for your county. May be called something else in your area.

Then search for your name or tenants name. You should be able to see the filing and maybe even the whole complaint.

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Looks like in NC, the civil suit must be filed in the county where the defendant resides. Which my tenant did not do.

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Thanks John, that's what I was trying to find out.

Originally posted by @John Chapman:

You need to watch yourself @Vishakha Penney. Contrary to what the movies show, lack of personal service does not necessarily insulate you from having a judgment rendered against you. I haven't practiced in your area but most courts have rules for alternative service (e.g. mailing, newspaper notice, taping to building, whatever). Think about it, otherwise every deadbeat tenant going through eviction could stay in your property forever if they just ducked personal service. If alternative service is available and your former tenant does that, then he or she can usually take a default judgment if you don't answer and defend. Then the burden is on you to get that overturned. Better consult an attorney in your area is my advice.

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Originally posted by @Russ B.:

I will have to check in North Carolina to see. I think it might have been a day late. :(

That being said, if it was late, does she have any recourse without my home address?

Hopefully you didn't neglect to do a required step with respect to the deposit. For example, in Ohio, you have a limited time to provide an accounting of where it went - else, they can sue and get an automatic win.

If not, then yeah - show up in court and have at it lol. Just make sure you bring everything you'll need.. Judges love to stick it to people that show up unprepared almost as much as the ones that don't show at all.

Maybe there's a place where you can look up what was filed, before you're officially served?

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All Forum Posts by: Vishakha Penney

Vishakha Penney has started 10 posts and replied 55 times.

Post: Neighbor wants me to cut down big trees, what should I do?

Post: Former tenant who owes me money trying to have me served.

Post: Former tenant who owes me money trying to have me served.

Post: Former tenant who owes me money trying to have me served.

Post: Former tenant who owes me money trying to have me served.

Post: Former tenant who owes me money trying to have me served.

Post: Former tenant who owes me money trying to have me served.

Post: Former tenant who owes me money trying to have me served.

Post: Former tenant who owes me money trying to have me served.

Post: Former tenant who owes me money trying to have me served.