Property Management company coordinating with neighbors

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Property Management company coordinating with neighbors

Paul ZofsakPro Member
Investor · Cypress, TX · Member since 2013 · 118 posts · 15 votes

I recently had a neighbor's rotten tree fall through the fence and into the yard of one of my rentals.  I have asked the property management company to coordinate with the neighbor since the tree was neglected and he is liable.  The management company has replied that they don't coordinate with neighbors and just want me to cover the cost of all the repairs.  Is this an unreasonable request of my property management company, or should I expect them to be able to handle this with my rental's neighbor?

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Dennis McNeelyPro Member
Investor · Gibraltar, MI · Member since 2017 · 108 posts · 103 votes
1y

My understanding is that if you've given the neighbor written notice of the need to maintain / remove the tree, if it falls it's considered an act of nature (high winds) and you have to deal with it. I'm not an attorney though - you know the drill.

Regardless, consider contacting your insurance company and letting them sort it out with the neighbor's insurance company. Just a thought.

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  • Dennis McNeelyPro Member
    Investor · Gibraltar, MI · Member since 2017 · 108 posts · 103 votes
    1y

    My understanding is that if you've given the neighbor written notice of the need to maintain / remove the tree, if it falls it's considered an act of nature (high winds) and you have to deal with it. I'm not an attorney though - you know the drill.

    Regardless, consider contacting your insurance company and letting them sort it out with the neighbor's insurance company. Just a thought.

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  • Adam BartomeoBusiness Member
    Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
    1y

    It is not unreasonable for them to contact the neighbor but it would probably be a difficult task to get the neighbor to respond. It may be unreasonable to think that they have to pay for it. I have dealt with many fallen trees in several states and the law always had said that the owner of the tree is not liable for where it fell. You are more than likely responsible but will need to check the laws.

    [email protected]239-339-3969
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  • Paul ZofsakPro Member
    OP
    Investor · Cypress, TX · Member since 2013 · 118 posts · 15 votes
    1y

    I may need to check on this, but my insurance company told me years ago that a tree in good health falling is an act of nature and the responsibility of whomever yard it falls into.  A tree that has died is now the responsibility of the property owner as it can be considered neglect.  Maybe someone can clarify.

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  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes
    1y

    @Paul Zofsak how will you prove in court that the tree was NOT in good health?

    Also, contacting neighbors is not standard practive for PMCs, so how much extra are you willing to pay your PMC to do this?

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  • Nick Rutkowski
    Rental Property Investor · Ithaca, NY · Member since 2015 · 1k+ posts · 1k+ votes
    1y

    @Paul Zofsak are the neighbors tenants too? How much damage was done to the fence? 

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  • Paul ZofsakPro Member
    OP
    Investor · Cypress, TX · Member since 2013 · 118 posts · 15 votes
    1y

    Photos of the tree show it has been dead for some time, not hard to tell.

    the tree fell from the neighbors yard through the fence.

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  • Andreas W.
    Durham, NC · Member since 2013 · 502 posts · 215 votes
    1y

    @Dennis McNeely

    It is on you to have the repair done. Who ultimately has to come up for tbe repair cost is a legal question between you and the neighbor.

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