Dead Trees in Neighbors Yard

[Lisa Beard]

I have a long term rental and two short-term rentals. The long term seems like they are always wanting us to come in and fix things. Currently there is a dead tree in a neighbors yard. My tenants are worried about it falling in their house. The landlord in the neighboring house said he will not remove it, but I can pay to have someone remove it if I want to. Now my tenants want me to pay to have it removed. Am I liable if something happens to the neighbors tree? There are limbs falling every once in a while, so we know it’s dead.

Thank you!

[James Mc Ree]

You should send your neighboring landlord a certified letter stating the dead tree is a risk to your property and its inhabitants and ask the owner to remove it. You may want to add that the owner of the tree is responsible for damage to your property, your tenants' property and liability for injury since you have given notice of the risk and requested action. This should cover you for liability, but you can always consult with an attorney to be sure. You aren't responsible for someone else's tree, but you could be responsible for taking reasonable action on a tenant's complaint. This action would prevent the neighbor from saying they didn't know about it or your tenant saying you didn't do anything.

Do the same with a letter to your municipality. You want to let them know there is a dangerous situation that requires attention. They will likely send an inspector and could order the owner to take down the tree or they take it down themselves and charge the owner. The aggressiveness of the municipality will depend on the municipality and risk the inspector perceives.

In the end, there is still a good chance the dead tree will remain standing there, but you will have done what you could. This assumes you don't want to spend to take it down yourself, of course.

Consult your insurance company and an attorney. Depending on your state's case law, you may be stuck paying for property damage if the tree falls as a result of a storm because that is an "act of God", but if it falls on a sunny day it is your neighbor's responsibility.