Overhanging Tree Limbs

[Jeremy Host]

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?

[Marc Winter]

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.

Keep investing and moving forward.