Fallen Tree...who is responsible?

[Account Closed]

Seeking advice from some more experienced landlords. Just bought and rented a SFH. Tenant is responsibke for all utilities and lawn care/upkeep. We had a wind storm yesterday. Neighbors arborvitae tree fell into my rental properties side yard. Tenant would like me to use my insurance to pay to have it cleaned up but it didnt hit the home, so my homeowners insurance doesnt come into play. Im thinking its the responsibility of my tenant to get out there (or hire someone) and cut it and drag to the curb. That basically this falls under routine lawn care. But am I missing something? How would others handle this?

[Andrew S.]

Originally posted by @Chad H.:

@Ned Gorges, It's the neighbors responsibility, have them remove it. Talk with the neighbor about the situation and if they're willing to remove it or pay you for removal that's great. If two sides come to a mutual agreement that's a reasonable way to go, don't let it become a legal action.

 I can't speak for Hawaii, but in most jurisdictions it is NOT your neighbor's responsibility.  It is yours.  Of course, the neighbor may agree to help or even pay in full, but it is likely that they don't HAVE to.  And if they don't, then it is unlikely that THEIR insurance will step up.