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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33716
Experience:  15 years real estate, Realtor. Landlord 26 years
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I own a duplex. have had a few (4 over 6 years) notices from

Customer Question

hello. i own a duplex. have had a few (4 over 6 years) notices from town about high grass, gutters full, etc. all have been addressed timely. duplex is on a dead end street with 5 other homes, all single family. neighbors always have something to say about tenants....we have evicted 1 troublesome family (police being called there etc). current tenants have been there 2 and 4 years. previous tenants - even evicted one - have been amicable partings. received a notice about a certified letter, sent to me, at the property, not my residence from a litigation attorney who deals with tenant/landlord and estates. being the day before thanksgiving i can not get the letter until friday (today is wed). current tenants know nothing of it - they actually contacted me thinking they where being evicted....what could it be about? can neighbors sue me as a landlord for the town code violation notices?
Submitted: 10 days ago.
Category: Real Estate Law
Expert:  Barrister replied 10 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Did you send the evicted tenant a written itemized notice about his security deposit when you evicted him?

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thanks

Barrister

Customer: replied 10 days ago.
hellono because they left without a forwarding address. they left before 30 days was up and we didn't know they where gone. they owed 2+ months back rent. and left personal items, clothing, furniture canned goods, etc that had to be thrown out. this was 4 years ago.
we had no opportunity to get keys back or discuss security dep. although with back rent and condition of the apartment - most flooring had to be replaced (cat urine) and damage (holes) to walls and doors. we have all repairs & costs documented.
Expert:  Barrister replied 10 days ago.

Ok, that is the only thing that leaps to mind because even if you have to evict them, you still have to send them an itemized letter about the deposit deductions within around 45 days or so to their last known address. If they didn't give you a forwarding address, you send it to the rental address..

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That might not be it, but the statute of limitations is 6 years so it could be.. But if they were stupid enough to try and sue, you can still counter sue for all your damages.

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As for the neighbors, they could sue if there are lots of issues under a theory of private nuisance and try to claim that you were allowing a nuisance to remain on the property. But they would be paying an attorney a few thousand up front, so it may not be likely that this is the reason.

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But it could also just as likely be an attorney for an estate trying to contact you because someone named you as a beneficiary to a will or trust..

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So just no way to know until you pick up the letter..

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thanks

Barrister

Customer: replied 10 days ago.
i had the will trust thought - although it seems unlikely. i find it odd the letter would be sent to rental and not primary residence. town notices have come ot my primary not rental. thanks.
Expert:  Barrister replied 9 days ago.

Yes, it could be that the attorney just looked you up on the Tax Records office website and saw that property as being listed in your name and just decided to send the letter there...

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thanks

Barrister

Customer: replied 8 days ago.
i picked up the letter today, it was a mechanics lien notice. for cement work at the rental that we never had done. the notice claims this past July 1892sq foot of concrete work was done by Emerald Services (they appear to do patios and driveways) we did not have cement work done. the only cement on the property is a small walkway 200sq maybe and nothing has been repaired or replaced. in fact contractors at all have ever been used to complete work at the property. i'm assuming the error is clerical...what is my best next steps here?
Expert:  Barrister replied 8 days ago.

You need to contact them immediately and tell them that they obviously have the wrong address because you haven't had any work done. I would send them a certified letter and state that if they actually file a lien, you will hold them liable for "slander on title" and for any costs for having any lien removed.

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thanks

Barrister

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