Is there any law that states we have to have a gardener keep our grass cut if we are waiting for a short-sale of our home?

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Is there any law that states we have to have a gardener keep our grass cut if we are waiting for a short-sale of our home?

We have left our home and are awaiting bank to foreclose on our home. Is there any law that states we have to have a gardener keep our grass cut? Our neighbor is complaining and the real estate agent we are using to try to short sell it says a local police officer is calling him about the neighbor’s complaints. We have been out of this house over a year already and bank still hasn’t auctioned off.

Asked on June 15, 2011 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are two possible bases for a legal obligation to cut the grass:

First, many towns--and almost all HOAs, if you're in a community with one--have rules, regulations, ordinances, etc. about having to cut the grass, maintaining the property, etc. If your municipality or community has such rules, you have to obey them and the neighbor can look to have them enforced againist you.

Second, even in the absence of the above, if the property becomes sufficiently ill kept and, possibly, a breeding ground for animals or unwanted vegetation, it's possible it would rise to the level of a "nuisance" which someone could bring a legal action to abate. It's usually a high threshold or bar for something to be considered a nuisance, but it is possible.

 


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