Oh great....we're being sued

[leadfootlevi]

We built a new garage in the summer of 2009 on our property - went through all the proper channels, got approval from the city, etc, etc. Our new garage is 10' (allowed per code) from the property line. Our neighbors house is ~5' from the property line (it's an OLD house, so I suppose this was allowed back then?) She complained every chance she could get about our new construction, but her complaints were frivolous and never went anywhere.

Last summer (over a year after the garage had been constructed) we had very heavy rains - record setting, in fact. Her basement flooded during these heavy rains and she's now blaming us! Just before her basement started flooding, she had her gutters at the back of her house cleaned. They were completely clogged - had trees growing in them and everything. Before she had the gutters cleaned half the water would have fallen on her driveway (it's kind of hard to explain, but there's a retaining wall that would have prevented the water from flowing down the property line - we have good pictures) and flowed freely down to the street, the other half would have drained at the back of her house, then slowly made it's way down the 5' property line. Now, all of the water from the back half of her roof drains onto the ~5' of land on the same side of her basement that flooded.

The very next rain after we got the complaint, we videotaped the water run-off. You can see the water on our property flowing very easily down to the street - we were in the process of re-planting that area as the grass was not growing well so it was complete dirt and very easy to see the water run, as it should. On her property the water is coming over one of her gutters and staying in a puddle right by the foundation and the air conditioner (the air conditioner now sits unlevel because of this water), and the other gutter is just POURING massive amounts of water immediately upstream from the window that's leaking in her basement. Her suit is, in my opinion, baseless (she even says that "I determined the flooding was being caused by the new structure" Well, just as obviously as I think her claims are frivolous, of course that is what SHE determined). I have graphs with average, record, and last years actual rainfall amounts - we had some doozie rainfalls last year - of course basements will flood.

See is suing us for loss of income $1200 (she has an apartment in her basement), to repair the drywall and some cabinetry $2100, to have an exterminator (she wrote that the added moisture caused her to have ants) $188, a dehumidifier $175, some supplies she had in her storage room $125, and some other stuff (cleaning supplies, ant traps, blah blah blah) for a total amount of ~$4000!!! Oh, and she wants us to replace the glass in her upstairs apartment because now, from the upstairs apartment of our new garage we can see in her bathroom windows ---> this, to me, just shows how ridiculous she is. For the record, no one lives in our upstairs garage apartment.

Her basement apartment is rented now - she simply painted over the drywall. But, the tenants are moving and she wants the repairs done while she's in-between tenants.

We know of some not-so-legal activities she's been pulling off. Like homesteading her house when she didn't live there (she rented it out), her apartment isn't legal (she doesn't have the proper permit and wouldn't be able to get one due to lot size restrictions) , and it doesn't have a proper egress per state building code. I would even wager that she doesn't pay income tax on her rental income. I was thinking of bringing that up in court - that we shouldn't be liable for the full amount of rent because she would have had to pay taxes on that, so, if we are found liable, we should only have to pay the after-tax amount (I have no idea if this is true, but at least it might make her feel uncomfortable if indeed she isn't paying taxes).

For years she has written us nasty letters, threatened us, and just in-general been unbearable (yelling out the windows at us, calling the cops, ...). We have all of this documented. As hard as it has been, we have ignored her. I am ready to open up this whole can of stink I have on her. I just don't know how I should go about doing it. Should I let her know I have all of this information on her and will go to the authorities (assessor's office, city code enforcement, possibly IRS whistle blower) with it if she doesn't drop her suit, should I just go to the authorities now and let the chips fall, should I wait until after our court date to go to the authorities?

I will have to take a day off work to go to court and get daycare for DS. I'm thinking of counter suing for those amounts, just on principal (this is small-claims court) - it would only be about $400, but still!

Any helpful insight for me?

 

[Tinkerdreams]

First off, I'm sorry you're going through this. If this neighbor has been a thorn in your side all this time and you have followed proper paths in putting on your addition, then I would definitely teach this woman a lesson. By following through in exposing all her stuff, she will know in the future that you are not to be triffled with. By exposing her stuff, I mean at the courthouse - through her lawsuit and I would countersue her also for all expenses you are having to endure through her actions.

You owe this neighbor NOTHING!! Don't even entertain giving her one penny for anything!!

I've dealt with someone similar and took these actions and taught the individual a lesson in that I was not going to be pushed around.

Good luck!!

 

[diesel]

I know this is always the answer people say but its true GET A LAWYER. They can draft a letter to the neighbor letting her know you will not be paying her anything and they will let you know what other steps you can take (like contacting the town regarding her illegal apartment). I would not have any contact with this neighbor only through your attorney. Chances are after she hears from your attorney she won’t pursue the matter.

We had a neighbor cut down mature trees on our property. We hired a lawyer who drafted a letter to the neighbor regarding trespassing and the destruction of our trees. The lawyer also filed a claim with the home owner’s insurance company for the trees. We were awarded money from the insurance company to replace the trees. The total cost for the attorney was $500 and it was worth every penny.

 

[AJRitz]

Stick to the facts of the case at hand. Opening up all of those other issues will just complicate the record for the judge. Your defense is strong, so you want the judge paying attention to just the facts of the case.

Generally speaking (this varies some by state), each homeowner is responsible for their own runoff, and has to deal with any normal runoff from adjacent properties. The video you have should be helpful evidence. I think I'd approach it like this:

1. Her runoff problem is a result of the manner in which she maintained her property. Your garage has nothing to do with it.
2. Even if the runoff is partially your responsibility (and you're not conceding that it is) she's not entitled to compensation for lost rents, as Athe rental use of her property is illegal (be prepared to cite specific State/Municipal Code provisions, and not just what you "know" to be true).
3. As for her window, the level of privacy she desires is her business. That window is like any other window in her house. You're not responsible for buying her curtains because you can see through her front window.

Don't get into that other stuff. It won't help defend you, and the judge isn't going to award you damages for being annoyed - at least not the first time. Keep all of your records from this suit, and if she files again after she loses, then countersue for malicious prosecution/abuse of process/whatever the appropriate responses are in your jurisdiction.

 

[kelleigh1]

Stick to the facts of the case at hand. Opening up all of those other issues will just complicate the record for the judge. Your defense is strong, so you want the judge paying attention to just the facts of the case.

Generally speaking (this varies some by state), each homeowner is responsible for their own runoff, and has to deal with any normal runoff from adjacent properties. The video you have should be helpful evidence. I think I'd approach it like this:

1. Her runoff problem is a result of the manner in which she maintained her property. Your garage has nothing to do with it.
2. Even if the runoff is partially your responsibility (and you're not conceding that it is) she's not entitled to compensation for lost rents, as Athe rental use of her property is illegal (be prepared to cite specific State/Municipal Code provisions, and not just what you "know" to be true).
3. As for her window, the level of privacy she desires is her business. That window is like any other window in her house. You're not responsible for buying her curtains because you can see through her front window.

Don't get into that other stuff. It won't help defend you, and the judge isn't going to award you damages for being annoyed - at least not the first time. Keep all of your records from this suit, and if she files again after she loses, then countersue for malicious prosecution/abuse of process/whatever the appropriate responses are in your jurisdiction.

Very well said!

 

[gracie1]

I would get an attorney. But for the other things (illegal renting, etc) I would contact the proper authorities and have them investigate it. They will jump on her for sure! But that doesn't have anything to do with the lawsuit she is presenting against you, so I wouldn't bring it up in front of the judge. But I would definately sue her for legal costs,etc

 

[Sarahlovy]

I would not post details of an active lawsuit on a public forum- it really doesn't look good for you.

 

[leadfootlevi]

Stick to the facts of the case at hand. Opening up all of those other issues will just complicate the record for the judge. Your defense is strong, so you want the judge paying attention to just the facts of the case.

Generally speaking (this varies some by state), each homeowner is responsible for their own runoff, and has to deal with any normal runoff from adjacent properties. The video you have should be helpful evidence. I think I'd approach it like this:

1. Her runoff problem is a result of the manner in which she maintained her property. Your garage has nothing to do with it.
2. Even if the runoff is partially your responsibility (and you're not conceding that it is) she's not entitled to compensation for lost rents, as Athe rental use of her property is illegal (be prepared to cite specific State/Municipal Code provisions, and not just what you "know" to be true).
3. As for her window, the level of privacy she desires is her business. That window is like any other window in her house. You're not responsible for buying her curtains because you can see through her front window.

Don't get into that other stuff. It won't help defend you, and the judge isn't going to award you damages for being annoyed - at least not the first time. Keep all of your records from this suit, and if she files again after she loses, then countersue for malicious prosecution/abuse of process/whatever the appropriate responses are in your jurisdiction.

Thanks! I definitely plan to stick to the facts in court. But, I want her to know I'm not just going to be a doormat. I wasn't thinking of bringing up all the other stuff in court - I just want to do something with the information (tell the city about her illegalities). I think I'll make her look like a fool in court then I'll drop my can of stink on her. Rub salt in the wound... She has no idea who she's messing with.

This is small claims court - lawyers aren't allowed, right?

 

[ktlm]

I would say notify your homeowner's insurance ASAP. Your policy likely includes liability coverage, and if it does, it may very well provide coverage for her claims and also provide you with an attorney to defend those claims. Do not lose that video. That is going to be a key piece of evidence. Tell your insurance carrier that you have the video. Provide them and any attorney that they hire for your with a copy of the video. Don't give them the only original/copy you have because things can get lost. Good luck. If you do go to court by yourself, then be sure to bring not just the video, but a way to play it as the court may not have that capability, and you definitely will need the Judge to see that video.

 

[Kay1]

What a tough way to live. Life is difficult enough without having such a neighbor.

I truly wish you the best.

 

[Kathi OD]

I would get an attorney. But for the other things (illegal renting, etc) I would contact the proper authorities and have them investigate it. They will jump on her for sure! But that doesn't have anything to do with the lawsuit she is presenting against you, so I wouldn't bring it up in front of the judge. But I would definately sue her for legal costs,etc

Not necessarily. We have a home in our neighborhood that is being used as a boarding house. The owner couldn't sell if for the price he wanted, so he moved out and decided to rent out rooms to individuals/families. They have common use areas; kitchen, bathrooms, living spaces. This is not permitted according to zoning laws.

This has been going on for at least 5 years. The township is well aware of the situation, but has done absolutely nothing to rectify the situation.

Thankfully, the people living in the house maintain the property and aren't a nuisance.

 

[My3kiddos]

Small claims you don't use an attorney, but you could contact an attorney to settle the case before it goes to court. Our neighbors tried to file a claim on our homeowner's insurance after we had a house fire claiming that they had smoke damage to the inside of their house. The only problem with that was their previous tenants moved out because they had black soot coming out of the vents everytime they turned the furnace on BEFORE we had the fire. We contacted them and they gave a statement to our homeowner's attorney and the neighbor was awarded nothing. She was still a B and tried to barge in one day when I was at the house going thru possessions. I hate to be the bearer of bad news, but ***** neighbors never stop. Especially ones that are landlords, because they need money in between tenants (not all landlords, just the ones that try anything to get money).

If you don't get an attorney I think you have the evidence to back up your defense. Apparently she doesn't have the evidence to back up her claim, because if she had any evidence it would be the same evidence you have. If I were you I wouldn't hesitate to call the city after your case is heard in court. An eye for an eye ya know.

 

[DarleneW]

I wasn't aware that you could sue in small claims court for $4000. I thought the limit was less than that. Good luck to you. What a shame that you have to have a neighbor that makes your life miserable.

 

[leadfootlevi]

I wasn't aware that you could sue in small claims court for $4000. I thought the limit was less than that. Good luck to you. What a shame that you have to have a neighbor that makes your life miserable.

Where we live the limit is $7500.

 

[lost*in*cyberspace]

I wasn't aware that you could sue in small claims court for $4000.

It just depends on the jurisdiction.

 

[dfchelbay]

I wasn't aware that you could sue in small claims court for $4000. I thought the limit was less than that. Good luck to you. What a shame that you have to have a neighbor that makes your life miserable.

Anything under $10,000.00 here.

 

[kelcoppens]

No advice but offering sympathy. Its a shame this person is causing you grief and it does sound like a bunch of crap.

 

[figment3258]

Good luck to you

 

[undertheradar]

I would close this thread, as you have details that should be kept private. If you have concerns as to the legality of the permits for apartments or not, you should contact your local zoning office. It would be best to invest in an attorney and follow all advice that he/she provides. Good luck!

 

[allison443]

This is small claims court - lawyers aren't allowed, right?

In my jurisdiction and some others I am familiar with, lawyers are allowed. For example, someone will sue for property damage after a car accident, and the defendant's car insurance will provide him with an attorney as well as cover damages.

Have you contacted your homeowner's insurance company? They would most likely defend you under your policy. I have seen similar cases to yours in small claims court where the defendant has an attorney.

You sound quite prepared. I will add that I don't think she will be able to recover rent for the apartment, if it is an illegal apartment.

Look on the official state website for your state's court system. They might have an explanation of small claims court.