It doesn’t matter whose property the tree is growing out of.....the tree “owner” doesn’t have any liability regardless (unless it was an obviously unhealthy/damaged tree and they did nothing after being notified).....the total responsibility lies on the affected/damaged property owner.
Inform your insurance agent and they will handle it. As for the tenant if the place is still habitable yu do not have to do anything. Assess it from the perspective of it happening to a home owner. Likely hood is that they would not move out they would stay and proceed with repairs.
If the damage is serious enough to warrant your tenants having to move out talk to your insurance agent first.
Get the place fixed and do not rush into a decision.
Call your insurance company to see if they can help. Contact your PM for advice because they should be able to answer this. You can also ask the tenant if they have renters insurance because that might pay for them to relocate for a short time.
@Wayne Brooks is that the case in all states or are you referring to what you know about FL?
I recently acquired a rental and the tenant tells me this is the third time a major branch has fallen into her yard. Do you think that would qualify as notice. The tree is an obvious known danger.
I believe it is similar in most states. I’d put the owner of a damaged tree on notice..
I believe you’d still collect on your insurance if you wished but your insurance co. would have recourse. I admit most of my experience is states in the SE and hurricane/heavy wind related.
Thank you @Wayne Brooks
@Robert Howard how about a hotel like a Comfort Inn. If you put them in a property nicer than they have they may not want to leave. Check and see if they have renter's insurance. Either insurance should cover that.
Thanks for all the feedback on this post. My tenants end up living with their family across the street and I was able to get everything fixed in 3 weeks. They were back in by November 3, 2018. Everything worked out. Again thanks. I love this community!!!