Tree Trimming Responsibility

[Tan Pham]

Property is in Charlotte, NC. The lease states that the tenant is responsible for landscaping and lawn maintenance. There are no additional details what landscaping and lawn maintenance includes. The tree next to the chimney has branches that knocked off the chimney cap. The chimney contractor replaced the cap, but requires the branches be trimmed before he can perform repairs on the chimney because it is still leaking into the fire place after the cap was replaced. 

Question 1: Is the maintenance of tall, 2-story trees, a part of the tenant's landscaping and lawn maintenance responsibilities or is it considered part of the property that the landlords are responsible for?

Question 2: Where can I find state or city regulations regarding tree maintenance when the lease is written with gray areas?

[Greg M.]

Tree trimming is not typical tenant landscaping and no reasonable person would think it is. Rake the leaves, mow the lawn, and water the plants. That is landscaping for tenants. 

As for gray areas in contracts, the courts will almost always find in favor of the party who did NOT write the lease.