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Problems with ex-Landlord

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TR76

Member
What is the name of your state? IL

We rented from our previous landlords for 9 years until we moved out this past April and bought a home. When we moved into the rental house, the previous tenants had left an enormous amount of trash and personal items throughout the house and yard. The house was actually not liveable but because they agreed to rent it to us extremely cheap, we decided to do the rehab so we could move in. Anyway, we picked up most of the trash except what was stored in the sheds and barns around the home and the one extra room we did not use - the summer kitchen that was off to the side of the mudroom, not part of the living space we occupied. They also had dumped (the tenants AND the landlords) quite a few appliances and things behind the house in the woods, one of which was our old water heater. We did so only at the request of the landlord because they didn't want to pay to have it hauled or scrapped.

So we gave notice that we would be moving and had the electric shut off the day after our closing. We asked what the timeframe the landlords wanted us to move our stuff out by and they said there really isn't one because they were going to sell the land to the state so they could put a proposed highway in. After a couple weeks, we had removed everything that WE had put there with the exception of the appliances that we had installed and received rent credit for. Then the calls started coming... They wanted all the siding picked up from the yard - we paid for 90% of it, they picked up the last few boxes and paid someone to install it. It helped them get more insurance on the place and therefore benefited them to have it done. The guy they hired did a crappy job and left his trash and workmess behind in a pile. He also did the roof (not to code mind you) and left that mess, too. They wanted us to take the trash from the woods which we really didn't contribute to. All these things that were present when we moved in they now want us to remove.

Now he is threatening his lawyer on us but I don't see grounds for any legal action. There was never a signed rental agreement (we lived in a small town) in which we agreed to remove everything when we left, even things that were their responsibility or items that weren't even ours. They complained that the sewer ditch was backing up, but we didn't have any problems with it the day we moved out - although we did beg them to get it cleaned out because the smell was so awful it came into the house because the pipe wasn't extended far enough. They wanted us to do something about it, but as I see it, it's their property and everything was in working order when we left it.

I think the state is requiring them to remove everything that is an environmental hazard and because they are so cheap, they now think that we're just going to hand over money or our labor to get it done. They never took care of anything while we were there - we went without water countless times and electric on more occasions that I can count because they refused to fix anything. We even had no furnace the last few years and relied on space heaters because they would not have a repairman out to fix the old furnace that was in the house. I'm surprised the house didn't burn down while we were in it.

Anyway, he is leaving several harassing voicemails threatening legal action but I am not removing things that aren't mine. Do we have anything to worry about, should I attempt to hire an attorney? Is there a way to get him to stop trying to come after us for these things?
 


danno6925

Member
Have his attorney call you. He will likely bluster and threaten you with all sorts of penalties, torture, the life of your first born son, etc. during your call. If you have the ability,I would recommend you record the call - you will have to inform him you are doing this, as it is illegal to record someone without their knowledge and consent in most states.

If he refuses to a recorded conversation, screw with him a little and ask what does he have to fear if his accusations are legitimate? Was he planning on using less than legal language during your conversation? Afraid you'll play his threats in front of a judge?

Request that he send you a formal letter on his law firm's letterhead outlining what he feels is his case against you after the call.

When you get it, bring that and your story to an attorney. If the attorney you're looking to hire tells you to ignore him and his threats, do so. If not, find out what damages you may have suffrered due to this harassment. My thought is that the absence of a rental agreement/lease will be the key if this goes to court.
 

TR76

Member
Thanks for the advice, sounds good to me.

What kills is me is that if the crap were mine, we would have taken it. But they are simply trying to get free cleanup out of us... I think they know they can't do anything to us or we would have heard something from them in the form of a legal document by now since it's been 4 months when we closed on the new house. One question - how do you record a phonecall? I'm not so much into the technology where that is concerned.

Thanks again, I appreciate your post, it makes me feel a little bit better!
 

TR76

Member
What kind of Attorney?

We received yet another threatening call from this landlord, this time to my parents' house.

I am done with his harassment and now, including my family in on these things. And to boot, now he's demanding a cleanup fee for things that weren't even ours! I guess he doesn't realize how much we did while we lived there, without their help - where's MY fees????

Anyway, what kind of attorney should I contact - a real estate or general practice?

Thank you!
 

danno6925

Member
RadioShack & a TRO

Try your a radioshack or a local electronics store for the phone recording equipment. Tell them you're in sales, and that you need a way to record your sales pitch while you're on live calls. They'll set you up. Shouldn't be more than $100.00

I would call the cops on this guy and file a TRO (temporary restraining order) as in right away. Let the police know you will speak only to his attorney about ANYTHING. A judge is likely to grant the TRO considering this guys keeps tracking you down in various places regarding work you have neither the intention nor contractual obligation to complete. Regarding that lawsuit - IMO, this guy is bluffing. Call him on it.
 

demartian

Member
Calls

I am not a lawyer, but I believe you can simply state on his next call that he is not allowed to call you again and if he does you will see to it that he is charged with harassment and that you will no longer speak to him. Good bye.

Even creditors who are owed money are not allowed to keep calling over and over so why would he be allowed to...

Or you could send him a Certified Letter Return Receipt stating that he is not allowed to phone you or your family and that you will only accept certified mailing from him. Then you will have written proof of his story and evidence of any threatening statements.
 

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