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Greensboro, Winston-Salem, High Point The Triad Area
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Old 01-21-2014, 05:15 PM
 
2 posts, read 2,161 times
Reputation: 10

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I have a problem. The man that owns a duplex adjacent to my rental property had several trees, 3 of which were leaning to the point that the tenants were worried about them falling on their house. Finally one did fall, only being held back by vines...I called the property owner, sent him a certified letter and pretty much BEGGED him to have them removed. He has a "property manager" that handles the multiple properties he owns all over Greensboro. However, I finally had to have someone cut the trees down, at the tune of $2100. I took the paperwork, receipts, pictures and everything I could come up with to an attorney here in town to see if he would file a small claims against this man. His first words to me was "I know Mr. "so-in-so". I don't know why he doesn't just give you the money; it isn't like he doesn't have it." RED FLAG #1. Then he proceeded to tell me that he had another client come to him JUST the week before with the SAME problem with the SAME man. RED FLAG #2. Long story short. I finally got a call back 2 months later saying that the property owner had filed bankruptcy and there was nothing he could do. Is the man NOT responsible for his properties even if he files bankruptcy? He filed it in 2011. I want my $2100 back....they were not MY trees.
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Old 01-21-2014, 08:40 PM
 
Location: State of Being
35,886 posts, read 64,031,201 times
Reputation: 22239
Why didn't you just take this to small claims court?
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Old 01-24-2014, 09:47 PM
 
Location: Charlotte Metro Area
2,082 posts, read 3,101,757 times
Reputation: 1568
Quote:
Originally Posted by WANTMYMONEYBACK View Post
I have a problem. The man that owns a duplex adjacent to my rental property had several trees, 3 of which were leaning to the point that the tenants were worried about them falling on their house. Finally one did fall, only being held back by vines...I called the property owner, sent him a certified letter and pretty much BEGGED him to have them removed. He has a "property manager" that handles the multiple properties he owns all over Greensboro. However, I finally had to have someone cut the trees down, at the tune of $2100. I took the paperwork, receipts, pictures and everything I could come up with to an attorney here in town to see if he would file a small claims against this man. His first words to me was "I know Mr. "so-in-so". I don't know why he doesn't just give you the money; it isn't like he doesn't have it." RED FLAG #1. Then he proceeded to tell me that he had another client come to him JUST the week before with the SAME problem with the SAME man. RED FLAG #2. Long story short. I finally got a call back 2 months later saying that the property owner had filed bankruptcy and there was nothing he could do. Is the man NOT responsible for his properties even if he files bankruptcy? He filed it in 2011. I want my $2100 back....they were not MY trees.

Have you asked in the Triad forum?
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Old 02-04-2014, 06:03 PM
 
2 posts, read 2,161 times
Reputation: 10
Triad forum?
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Old 02-05-2014, 10:26 AM
 
122 posts, read 156,241 times
Reputation: 124
Bankruptcy doesn't address whether your landlord is responsible. Bankruptcy courts determine how responsibilities should be handled when a person or corporation is unable or unwilling to fulfill their obligations.

Small claims court or a regular civil court is the appropriate venue to determine whether your landlord is responsible for the $2100. Most leases contain a provision that prohibits tenants from doing significant repairs themselves. That will hurt your case, but leases also usually require the landlord to maintain livable conditions.

Ironically, not filing a small claims case earlier might help you. If you had filed and won, your landlord could have included it among his obligations in his bankruptcy filing. Then, you would have been subject to the bankruptcy judgment which would have discounted your award.

I'm not an attorney - just someone who's a lot smarter than the average Greensboro citizen. Therefore, you may want to consult an attorney especially if your lease includes a "loser pays legal fees" clause. Note that would mean you could end up paying two legal bills in addition to the $2100.

Get it while you can.
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Old 02-05-2014, 11:25 AM
 
Location: NC High Country
3,683 posts, read 6,039,804 times
Reputation: 3477
If I read the OP correctly, this is a dispute between two landlords (property owners). I don't believe the OP is a tenant.
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Old 02-05-2014, 12:55 PM
 
122 posts, read 156,241 times
Reputation: 124
Quote:
Originally Posted by roadpony View Post
If I read the OP correctly, this is a dispute between two landlords (property owners). I don't believe the OP is a tenant.
Good point. I focused on his second post. That means everything I said about tenant's performing maintenance and loser paying legal fees is irrelevant.
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Old 02-05-2014, 01:35 PM
 
Location: NC High Country
3,683 posts, read 6,039,804 times
Reputation: 3477
Quote:
Originally Posted by Mayorofsynsky View Post
I'm not an attorney - just someone who's a lot smarter than the average Greensboro citizen.
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Old 02-05-2014, 03:31 PM
 
Location: The Emerald City
1,382 posts, read 1,465,541 times
Reputation: 1976
Quote:
Originally Posted by roadpony View Post
I'd love to know the research tool used in that particular determination.
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Old 02-06-2014, 09:47 AM
 
7,197 posts, read 12,893,969 times
Reputation: 3444
Quote:
Originally Posted by Sue at the Rock View Post
I'd love to know the research tool used in that particular determination.
Well there certainly is a "tool" involved.
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