Both agree and disagree with you - with respect, of course. I heard the "unjust enrichment" argument when I owned property. As you say, a Judge will decide. In my case the fact that there was no agreement meant the tenant was not entitled to reimbursement, even though (in their eyes) the property was enriched. My argument was that the "improvements" were made for their benefit and enjoyment of my property.

My position is somewhat influenced by OP charging labor for these projects and maintenance/repair. I think my time is worth $200 an hour. No one else thinks so. Both sides let the situation "ride" for 5 years. I think that's a mistake that will be interpreted against the OP.

This is one of these where I would love to know what the final resolution is. Hopefully we'll find out.

As I said, with respect - and maybe this is more a topic for discussion on another Board.

EDIT: Specifically, one of my tenants removed shrubbery around a house, installed railroad ties and raised flower beds and planted perennials and annuals. Looked very nice - but required a lot of maintenance. This was not a benefit to me. Pretty much no maintenance turned into high maintenance. If the beds weren't kept it the property looked messy. Prior to the beds the shrubs were trimmed and mulched and that was it. I knew nothing about the "project" until I drove past the house.

KayTee, I welcome your input, thank you. I appreciate the situation you were put in. In this case however, the homeowner lives on the property, the neighbors appreciate the landscaping, the yard was debris and weeds and dirt and in 50 years never had a yard other than mentioned, and the yard is still drought tolerant. The homeowner was home and inspected it from day one. He had helped on occasion a little bit but got too worn out. Although the hours I put in over the 5 year period totaled just about 6,000, and if I felt the need to I would only charge him 1/2 of the $20.00 I make per hour, most of those hours were used in 2009 and 2010 specificlly on the landscaping. If the homeowner didn't want this to be done, he had plenty of opportunity to say so. He was always here. And never said a word. Except, looksgood, looks good. That project also inspired other people in the neighborhood to spruce up there yards. In my opinon a lot of good came out of the project, for other people to benefit.

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Originally Posted by LKEWON

If the homeowner didn't want this to be done, he had plenty of oppertunity to say so. He was always here. And never said a word. Except, looksgood, looks good.

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Hello L:

If I saw somebody improving MY property, I wouldn't say anything either... What's he supposed to say?? STOP making it nice?? He already KNEW that you wouldn't be paid for your work... There is NOTHING in your agreement that said you were... He couldn't IMAGINE that you would expect to be PAID for your services... What would prompt him to think so?? I think you're barking up the wrong tree.

excon

Quote:

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Originally Posted by LKEWON

KayTee, I welcome your input, thank you. I appreciate the situation you were put in. In this case however, the homeowner lives on the property, the neighbors appreciate the landscaping, the yard was debris and weeds and dirt and in 50 years never had a yard other than mentioned, and the yard is still drought tolerant. The homeowner was home and inspected it from day one. He had helped on occasion a little bit but got too worn out. Although the hours I put in over the 5 year period totaled just about 6,000, and if I felt the need to I would only charge him 1/2 of the $20.00 I make per hour, most of those hours were used in 2009 and 2010 specificlly on the landscaping. If the homeowner didn't want this to be done, he had plenty of oppertunity to say so. He was always here. And never said a word. Except, looksgood, looks good. That project also inspired other people in the neighborhood to spruce up ther yards. In my opinon alot of good came out of the project, for other people to benifit.

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Again - you cannot create a contract where none existed. From what I am reading he did not request the services you provided. There was no verbal contract because there very obviously was never a meeting of the minds on the details of the improvements/repairs. There was no verbal contract/agreement.

If you are willing to fix up my property without asking for repayment (and you didn't ask for a number of years) I'm going to assume it's a gift. I think the Court will agree with me.

Glad other people benefitted from the project. I hate to make it all about the money but I'm not a not-for-profit corporation. Let other people beautify their property for their own reasons, on their own dime. If you want to perform a public service, that's all well and good. Don't expect me to pay for it.

I don't think you're going to collect but, again, put it in suit and let's see how it plays out.

OK, I'm finally starting to get it. So, what I'm hearing is try to recoop any money, but good luck. Now does the same go for his pets that I have paid for all this time as well because of his neglect to take care of them?

I wouldn't press my luck with pets, at least not in court. At some point a judge will throw up his or her hands and say (as others here have said) that you willingly did all this as part of your enjoyment of the place, with no proof that any of it was part of a tenancy or personal agreement, or that you were duped.

Quote:

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Originally Posted by LKEWON

OK, I'm finally starting to get it. So, what I'm hearing is Go ahead and try to recoop any money, but good luck. Now does the same go for his pets that I have paid for all this time as well because of his neglect to take care of them?

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I trust this is tongue in cheek. You purchased pets for him? Then go to Court and claim them as yours. As long as they're not registered in his name you'll have no problems.

No, you can't get paid for him neglecting his pets. I'm assuming that you reported his neglect to the authorities so that the pets didn't have to live in dangerous or unhealthy conditions?

AGAIN - you cannot create a contract NOW because you feel like it. If there was no agreement for you to do X then, you cannot now argue there is an agreement. Simple as that.

No, I did not purchase the animals for him. His son gave him the dog because he could not care for him any longer. Shortly thereafter the homeowner was arrested and went to jail for a year. He had asked that I take care of everything at the house including his pets. At that time he was in the process of his home improvements. I had expected he leave me some instruction as to what was needed specifically, but once he was in jail, I had no contact with him. I gave him my word and kept it. Upon his release, he never showed interest in his pets so I continued to care for them. As well as everything else. I had also expected to be reimbursed for my expenses and still do.

Quote:

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Originally Posted by LKEWON

I had also expected to be reimbursed for my expenses and still do.

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Hello again, L:

I also expected to have all my hair - still do. But, I didn't make a deal with anybody for that to happen. You didn't either.

excon

Out of greenies, but, yes, that sums it up. "Expected" and "agreed" are two different words - very different words, in fact.

The good news might be that now that dog expenses have been added to the bill the case is over the Small Claims Court limit and real Attorneys will be retained to give real advice and collect real money.

That's a tough one to swallow. A hard and expensive lesson learned. No wonder there are so few people who seem to care about anything anymore. I'm not out to get the guy, But I never said I'd do it for free either.

Then go to Court, present your proof, the terms of your verbal contract and let the Court decide.

If you never said you would do it for "free" and the other party agreed, both parties had a clear understanding, that's all you need to prevail.

Thank you JudyKayTee, I believe I will. Your advise and suggestions are much needed and appreciated.

Happy easter!

Let us know how it works out.

I will. Thank you again.