Tenant requesting 2 dead trees to be cut down

[Steven Barr]

Hi BP!

My friend owns a single family rental and asked me this question, which I do not know the answer to

There are 2 very large dead trees in the front yard of his rental. Limbs have apparently been falling off and into the driveway. The trees are leaning and could possibly fall on the house in bad weather. The tenants have asked for them to be removed.

Is he required to have these trees removed at the tenant request? Is he responsible if damage occurs to a tenants car or well being? Or is this risk assumed by the tenant when they moved into the property?

Thanks!

[John Clark]

Quote from @Steven Barr:

Hi BP!

My friend owns a single family rental and asked me this question, which I do not know the answer to

There are 2 very large dead trees in the front yard of his rental. Limbs have apparently been falling off and into the driveway. The trees are leaning and could possibly fall on the house in bad weather. The tenants have asked for them to be removed.

Is he required to have these trees removed at the tenant request? Is he responsible if damage occurs to a tenants car or well being? Or is this risk assumed by the tenant when they moved into the property?

Thanks!

Your "friend" needs a real strong dose of common sense. The trees are a danger. Their condition interferes with the tenant's quiet enjoyment of the premises (sword of Damocles, anyone?). Your "friend" is running the risk of the tenant remedying the situation and then subtracting the cost from the rent. Your "friend" is also running the risk of damage to "his" tenant, which would result in lawsuits (and attorney's fees) and damages payable to the tenant. Don't say "Oh, the tenant has renter's insurance!" either. What do you think the tenant's insurer is going to do after it pays out to the tenant? That's right, it's going to sue the moron who thinks that he can say "the tenant assumed the risk" and just ignore a dangerous condition, in order to recover its pay-out to the tenant. Your "friend" also needs to check state law about the right of the tenant to have the landlord pay for housing costs over and above the cost of rent during the time that the premises is being repaired.

Your "friend" is not someone you should ever take advice from.