Threat of being sued 6 months after tree fell and cleaned up to owners satisfaction

[avery1959]

What is the name of your state (only U.S. law)? ga
I have a rental property and more then 6 months ago a tree fell across the fence to the neighbors. My tenant went to the neighbors immediately and they did not want any payment. My tenant fixed fence, cut up tree and moved to a wooded area per the owners request and they were satisfied. Now the owner of the house next door son broke my tenants windshield and my tenant is taking them to court because they refuse to pay. The owner of the house next door is threatening the tenant to sue me even though they have never contacted me. The day after the tenant filed a police report on the truck damage the owner next door had the tree removed for $250 and wanted my tenant to pay (not their responsibility they are renters). Do the owners have a case on me now even though it was handled to their satisfaction and I have still not been contacted by them?

 

[FarmerJ]

This nieghbor like anyone else can attempt to sue hoping for a settlement in advance of actually going into court. You didnt say who the fence belongs to. But heres my take on it. If the tree came down due to a act of nature ( like a storm ) You said your tenant cut up the part of it that landed in the neighbors yard, put it where they wanted it and repaired the fence , after this much time they wont look very good in court if they claim to the court they had been harmed, In court they may be asked to show paper trail about having complained in writting to you about fence repair or other so called damage to their land , not your tenant. If nothing else let them sue you and try to show court how they were harmed , get some pics of the area the tree used to be in and pics if possible of area tree landed on in the nieghbors yard and ask tenant to come to court with you if they actually sue you.

 

[avery1959]

They told my tenant if the tenant would give them a check for $250 for the tree then they would pay the $200 for the windshield their son broke. My tenant cannot afford to write off the windshield and is not responsible for the tree and the neighbor has made it clear this is for retaliation. They also have threatened my tenant with the fact that if the tenant does not let the broken windshield bill go they will call a fence company and have work done on the fence to incur more costs (which my tenant is not responsible for). One more point they have 2 code violations in their backyard with the fence being one of them They have a pool and the fence is only 3 feet tall when by code it has to be 4. Plus an inoperable vehicle stored there and a gate that does not work so pool is completely unsecured. My tenant has pictures of the cut up tree in the wood line where they asked for it to be moved (tenant offered to haul and they declined) plus pictures of after the tree removal came and all the pieces were not even retrieved. The neighbor even offered to pay my tenant after they cleaned it up (declined of course).

 

[FarmerJ]

Split up the issues this nieghbor is trying to create via a three ring circus , let them make a claim with the court and let them prove they were harmed, Let your tenant do what they must re the windshield. If nieghbor is violating city ords call city inspections and make complaints. Neighbor violating a city ord has nothing to do with you , your tenant or your rental. Nieghbor will have to deal with what ever the consequence is for minor childs acts. again separate issue. And like I said they wont look good in court if they have zero records of written complaint , communications with you re the tree and fence. SO let them take it to court burden to prove to a court they have a valid complaint will be on them.

 

[JustAPal00]

If the tree was dead or diseased AND they can prove that you knew it, then you were responsible for the damage it did. Otherwise it was an act of god and it was very nice of your tenant to help them clean it up. But you nor the tenant had any legal obligation to do so. As FJ pointed out, have your tenant take them to small claims court. Your tenant will need to prove that the kid did it, but will get their money back. Plus the neighbor will have to pay the court costs.

One thing you need to understand. If a wind storm knocks over a tree and it damages your neighbors property, then it is your neighbors problem! You are under no legal obligation to pay for or fix anything. The only exception is if the neighbor can prove that the tree was dead or diseased AND that you knew it.