Rental Property Investor · MN · Member since 2020 · 22 posts · 24 votes
Was curious if anyone has experience with dealing with overhanging tree limbs on your rental property. I have a property that has an giant 80' tall silver maple in the backyard right near the deck and porch of the house, the tree overhangs the deck and part of the porch and provide a lot of shade for the backyard. My tenant is complaining about the potential risk of a tree limb falling on them. There are no large broken branches that we are neglecting.
We would have to remove basically the entire tree in order to completely remove the risk of anything falling on them. He had mentioned taking legal action because we are "violating the lease by not providing a safe property."
My thought is any tree on the property could at any time fall on the house, we have two other large trees in the yard as well. Why would we have to pay several thousand dollars to remove portions of the tree to satisfy their complaint? Does he have any recourse for violating the lease?
Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
2y
Let's look at two actions that can help reduce any potential liability:
1. Hire a professional, certified arborist to examine the tree and the tenant-offending limbs and get a written evaluation. Follow the guidelines, if any, for actions suggested by the arborist. CYA.
2. Don't renew the lease. To me, it's either do or don't do-- but don't threaten. Tenants who threaten legal/court action when they don't get their way are not tenants I want. Another tact: suggest that if they do not feel safe in the property, they may move.
Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
2y
Let's look at two actions that can help reduce any potential liability:
1. Hire a professional, certified arborist to examine the tree and the tenant-offending limbs and get a written evaluation. Follow the guidelines, if any, for actions suggested by the arborist. CYA.
2. Don't renew the lease. To me, it's either do or don't do-- but don't threaten. Tenants who threaten legal/court action when they don't get their way are not tenants I want. Another tact: suggest that if they do not feel safe in the property, they may move.
Rental Property Investor · south carolina and michigan · Member since 2023 · 348 posts · 226 votes
2y
Your lease should cover the fact that they walked through and accepted the house - this includes the yard.
also, regardless of the tree location you can take the straight line vertical and trim those branches in most locations - check with local HOA, building or code enforcement
I agree with the others, especially Marc's comment about not wanting tenants who are going to threaten you with lawsuits. They knew what the property looked like when they rented it and unless the condition of the tree has changed (ie a branch died or is now hitting the house), I'd leave it.
Was curious if anyone has experience with dealing with overhanging tree limbs on your rental property. I have a property that has an giant 80' tall silver maple in the backyard right near the deck and porch of the house, the tree overhangs the deck and part of the porch and provide a lot of shade for the backyard. My tenant is complaining about the potential risk of a tree limb falling on them. There are no large broken branches that we are neglecting.
We would have to remove basically the entire tree in order to completely remove the risk of anything falling on them. He had mentioned taking legal action because we are "violating the lease by not providing a safe property."
How I'd reply; I'd tell them in consideration of there phobia, I'm a-ok with there hiring of professionals to move the tree to a "safer" location in the yard that appeases there phobia.
Yup, a stupid demand get's a stupid reply. And I'd say it with a straight face, smile, turn around and walk away as they stand there slack-faced.
If the tree is fine the tree is fine. "Oh, I will sue you" is the mantra of the blowhard. If hollow threats get ya all worked up.... If a tenant threatens to sue me I ask if they can schedule it for a Thursday or Friday hearing so I can get a long weekend out of it. Just try it, try NOT being scared and see how there whole attitude changes.
Rental Property Investor · Grayslake, IL · Member since 2015 · 13 posts · 6 votes
2y
Jeremy, I just want to emphasize one of the replies.
"1. Hire a professional, CERTIFIED ARBORIST to examine the tree and the tenant-offending limbs and get a written evaluation."
The fact that they accepted the unit with the tree should be enough. But please don't let them talk you into cutting down a healthy tree.
Here in Norther Illinois, we have TONS of Silver Maples. I did have to cut down one because a certified arborist confirmed that it was unhealthy and would eventually fall on my house. However, I still have 2 more that are confirmed to be healthy so I continue to trim them. Once I move out, and rent this house to someone else, I will not be removing any healthy trees. Period.
Was curious if anyone has experience with dealing with overhanging tree limbs on your rental property. I have a property that has an giant 80' tall silver maple in the backyard right near the deck and porch of the house, the tree overhangs the deck and part of the porch and provide a lot of shade for the backyard. My tenant is complaining about the potential risk of a tree limb falling on them. There are no large broken branches that we are neglecting.
We would have to remove basically the entire tree in order to completely remove the risk of anything falling on them. He had mentioned taking legal action because we are "violating the lease by not providing a safe property."
My thought is any tree on the property could at any time fall on the house, we have two other large trees in the yard as well. Why would we have to pay several thousand dollars to remove portions of the tree to satisfy their complaint? Does he have any recourse for violating the lease?