Negligent LandLord causing major water runoff problems

[Tryska]

What is the name of your state (only U.S. law)? Georgia

Hi all - I live next to an absentee landlord rental. A couple of years back they sustained some sort of driveway damage, and it resulted all of the stormwater from the street getting diverted down their driveway. Since I live downslope, all of the water winds up up against my foundation and flooding my front and backyards I can attach pics if anyone would like to see. When we get torrential downpours it can be up to 6 inches of water (mixed with oil and grease and garbage and invasive plant material).

It took me a while to figure out what was going on, because I am rarely home and outside when these downpours happen. When I did realize it though, I put up a retaining wall and ran a drain along that part of the property to the backyard.

This has helped a lot, but over this past weekend we had a real gullywasher, and the retaining wall is having a hard time holding all the water back. I still flooded out, although not as badly as before. I have heard from numerous tenants over the years that the landlord refuses to fix problems for them. I am waiting for a call back from her '"rent collectors" (not sure if a management company or not), but the tenant advised that even they weren't confident she would actually fix the driveway.

I am at the point where my costs to protect myself from her problem would wind up being more than her costs to actually fix her problem.

So far I have been told that I should call my Insurance Company and Code Enforcement. I also have someone that can write me a a sternly worded official letter. I have no issue taking her to court.

My questions are as follows:

1. What kind of lawyer would I take this type of case to?
2. Do I actually have to have damages already to sue for (GA's legal threshold seems to be "enjoyment of property"), or can I sue for the amount it would take for me to remediate the issue with retaining walls and dry creek beds. I am cognizant that I have to manage the flow on my property so as not to affect people downslope from me. I think I have enough area to do that.
3. I also would like to compel her to fix her driveway, but I want myself protected now that I know how water flows on our properties.
4. What are my steps? Currently I plan on 1. Asking politely, 2. Sending the official letter, and calling both my insurance company and Code Enforcement and 3. Starting the court process.
5. How long should I wait between each of these steps?

Thank you for the assistance.

 

[FarmerJ]

If your neighbor has made changes to the property that your city regulates then learning what your city ordinances are related to changes people make to their property that causes drainage to flow to another property. Otherwise your only option may be to ad additional drainage such as French ditch type of drainage to redirect water away from your home like say to a drainage ditch out front or some other area of your yard that could serve as a holding area.

 

[Tryska]

If your neighbor has made changes to the property that your city regulates then learning what your city ordinances are related to changes people make to their property that causes drainage to flow to another property. Otherwise your only option may be to ad additional drainage such as French ditch type of drainage to redirect water away from your home like say to a drainage ditch out front or some other area of your yard that could serve as a holding area.

Thanks - I've already done that and I am going to need a bigger ditch and a retaining wall. Which is why I am now planning on seeking redress from the neighbor. I just need to know the answers to my questions above.

 

[LdiJ]

What is the name of your state (only U.S. law)? Georgia

Hi all - I live next to an absentee landlord rental. A couple of years back they sustained some sort of driveway damage, and it resulted all of the stormwater from the street getting diverted down their driveway. Since I live downslope, all of the water winds up up against my foundation and flooding my front and backyards I can attach pics if anyone would like to see. When we get torrential downpours it can be up to 6 inches of water (mixed with oil and grease and garbage and invasive plant material).

It took me a while to figure out what was going on, because I am rarely home and outside when these downpours happen. When I did realize it though, I put up a retaining wall and ran a drain along that part of the property to the backyard.

This has helped a lot, but over this past weekend we had a real gullywasher, and the retaining wall is having a hard time holding all the water back. I still flooded out, although not as badly as before. I have heard from numerous tenants over the years that the landlord refuses to fix problems for them. I am waiting for a call back from her '"rent collectors" (not sure if a management company or not), but the tenant advised that even they weren't confident she would actually fix the driveway.

I am at the point where my costs to protect myself from her problem would wind up being more than her costs to actually fix her problem.

So far I have been told that I should call my Insurance Company and Code Enforcement. I also have someone that can write me a a sternly worded official letter. I have no issue taking her to court.

My questions are as follows:

1. What kind of lawyer would I take this type of case to?
2. Do I actually have to have damages already to sue for (GA's legal threshold seems to be "enjoyment of property"), or can I sue for the amount it would take for me to remediate the issue with retaining walls and dry creek beds. I am cognizant that I have to manage the flow on my property so as not to affect people downslope from me. I think I have enough area to do that.
3. I also would like to compel her to fix her driveway, but I want myself protected now that I know how water flows on our properties.
4. What are my steps? Currently I plan on 1. Asking politely, 2. Sending the official letter, and calling both my insurance company and Code Enforcement and 3. Starting the court process.
5. How long should I wait between each of these steps?

Thank you for the assistance.

This may seem ridiculous, but if it would cost you more to fix things on your end, than it would cost her to fix things on her end, then why not go ahead and you fix things on her end and then sue her for THAT money?

 

[HRZ]

THere may be state or local laws as to uphill or anyone people who redirect natural water flow to the detriment of folks downhill..and in effect the uphill owner has redirected the water flow.....it may be buried is some obscure code ....but do some digging ...your local code enforcement staff if you visit/call same in person, may be able to rattle a few chains w an absentee landlord . SOmetimes it's a simple matter of squeaky wheels get greased. Water runoff can be a big issue ..but it helps if you can zero in on applicable code or law ...and if a local code enforcement official sees the problem your way and there is a code even close to point , that person may have 100x to leverage you do...and it's free ....local to me the property management code could be broadly used to cover water run off issues ...and locally there is a bit of a push against LLs who fail to maintain properties ...find the local buttons to push .....

Take lots of pictures of the failed driveway area and your flooding conditions

I'd probably send the LL of record a good set of pictures and a clear description of water flow problem and record same ...and also to any so called property management firm ...avoids giving them room to claim ignorance .

 

[xylene]

Hire an engineer who knows the local area and they will have insights on how to proceed and who to refer you to for the legal work.

If they don't you know that's not for you. Don't DIY this job.

 

[Tryska]

This may seem ridiculous, but if it would cost you more to fix things on your end, than it would cost her to fix things on her end, then why not go ahead and you fix things on her end and then sue her for THAT money?

This isn't a ridiculous idea at all - I might consider that path as well. I actually do know a good cement guy.

THere may be state or local laws as to uphill or anyone people who redirect natural water flow to the detriment of folks downhill..and in effect the uphill owner has redirected the water flow.....it may be buried is some obscure code ....but do some digging ...your local code enforcement staff if you visit/call same in person, may be able to rattle a few chains w an absentee landlord . SOmetimes it's a simple matter of squeaky wheels get greased. Water runoff can be a big issue ..but it helps if you can zero in on applicable code or law ...and if a local code enforcement official sees the problem your way and there is a code even close to point , that person may have 100x to leverage you do...and it's free ....local to me the property management code could be broadly used to cover water run off issues ...and locally there is a bit of a push against LLs who fail to maintain properties ...find the local buttons to push .....

Take lots of pictures of the failed driveway area and your flooding conditions

I'd probably send the LL of record a good set of pictures and a clear description of water flow problem and record same ...and also to any so called property management firm ...avoids giving them room to claim ignorance .

Yep - Code is on my list to call. I suspect that it is in violation of code - but I kind of wanted to wait til the renters were out (they leave at the end of the month) and her tax records have that house's address as her contact address and I didn't really want them to get caught up in this. The new wrinkle is a FSBO sign went up yesterday. So I definitely want to get this squared away before anyone new buys (not that i think it is likely at the price she is asking).

Although I guess if it a new rehab owner, maybe they will take care of the necessary repairs. But she probably won't sell for a rehab or teardown price. Bless her heart.

 

[Tryska]

Hire an engineer who knows the local area and they will have insights on how to proceed and who to refer you to for the legal work.

If they don't you know that's not for you. Don't DIY this job.

Definitely beyond my DIY skills at this point. Good idea on the engineer though. I have a landscape architect coming next week, but maybe i can get the city engineer out, since this is technically interfering with the City's stormwater management.

 

[HRZ]

I would NOT delay any steps to be a big squeaky wheel ...and in practice this might be ideal time to create notice to owner of problem and paper trail at codes etc ...might be just the leverage you need to get problem addressed ...many an intelligent buyer would insist it be addressed


Be sure sure the problem is well known / noticed to owner ...and hopefully written complaints in code office files ..

Me, I'd have a trustworthy savy friend call and follow up on FSBO....

 

[Tryska]

I would NOT delay any steps to be a big squeaky wheel ...and in practice this might be ideal time to create notice to owner of problem and paper trail at codes etc ...might be just the leverage you need to get problem addressed ...many an intelligent buyer would insist it be addressed


Be sure sure the problem is well known / noticed to owner ...and hopefully written complaints in code office files ..

Me, I'd have a trustworthy savy friend call and follow up on FSBO....

So I exercised my city contacts and made my way over to the Stormwater Compliance manager - he sent out his engineer who basically said that it isn't the property owner's liability - that there should be proper curbing and guttering to accommodate that on the City side. He is now starting the process with the Road Engineering department to get that fixed. Hopefully that is enough - we will see. He said that I could still try to take her to court for any runoff coming from her property, but to wait on any further preparations until after the City addresses their drainage in context.

Thanks for inspiring me to pull the trigger on getting the city involved.