Legal Question in Civil Litigation in Massachusetts

Re: Am I liable to pay for landscaping I did not request?

This has interesting possibilities.

You have no contractual obligation.

In theory, at least, the landscaper could claim that you received a benefit and seek a quantum meruit judgment from the court. This is a principal of equity in which you must pay for benefits received.

On the other hand, the landscaper should have checked in advance, especially with such a delay. He seems to think that he can give poor customer service with legal and commercial impunity. He trespassed, technically, though not criminally ("after notice"), so you have some defense to a civil judgment.

I would suggest that you make a decision, and stick to it. If you intend to make no payment, which is a potentially defensible position, you can simply refuse to discuss matters. If he sues, you will file your counterclaim for trespass in the Small Claims session.

If you choose to make a settlement offer (e.g., $350.00) make it in writing ONLY. Be sure that your letter says, "This is a tender of settlement of a disputed claim, and shall not be admissible in any future legal proceeding."

Best of luck to you.

Re: Am I liable to pay for landscaping I did not request?

You didn't request or authorize the work, so I don't think you're liable under the theory of contract or under the theory of quantum meruit (i.e., unjust enrichment). The previous owner is another story, however, and I think that person could be on the hook, since he is the one who requested the work. Whether the court accepts his argument that it's ridiculous to expect him to pay after a 2 month delay will be for the court to decide.