If a tree falls

[NellieBly]

What is the name of your state (only U.S. law)? MA

I have no idea which category this should be in, so I'm asking here.

Let the record show I am merely the tenant, but will add our landlady does not give a care about this property. She had buyer's remorse upon buying our duplex and I suspect she tries not to think about it. She lives out of town.

Having said that, a big storm caused a tree to fall in our back yard. It belonged to the owner of a neighboring property. It would have hit our house except it landed on an oak tree which stopped it from hitting our house. The oak tree is on our property. (Hurray for the mighty oak!). It did break the window screen on the other apartment in our duplex, but that's it.

The owner of the tree is making arrangements to have it removed and the tree service was here within an hour of the storm.

My question and I do have one, is how can I get somebody to inspect the oak tree to ensure it is still sound? If it eventually falls, it will fall on the house.

Like I said, I'm merely the tenant. Nagging my landlady will not get me anywhere. The other tenant called her to tell her we had a giant tree lying in our back yard and she said she'd come see it Sunday.

 

[NellieBly]

Okay, now we're being told the homeowner's insurance will cover the tree to the fence line.

My landlady's insurance will have to cover the rest. The other tenant is trying to call her and gets no answer.

 

[Banned_Princess]

Okay, now we're being told the homeowner's insurance will cover the tree to the fence line.

My landlady's insurance will have to cover the rest. The other tenant is trying to call her and gets no answer.

Send a certified letter. then pay someone to come by with their expertise in the tree area, and send that to LL certified.

if still no action, then if something happens, you can show the LL was fully aware of the risk and was negligent.

thats it... why do you care if it falls on the building. its not yours. and you appear to live on the bottom of the duplex.

 

[NellieBly]

Send a certified letter. then pay someone to come by with their expertise in the tree area, and send that to LL certified.

if still no action, then if something happens, you can show the LL was fully aware of the risk and was negligent.

thats it... why do you care if it falls on the building. its not yours. and you appear to live on the bottom of the duplex.

Well, I'm paying rent that's supposed to cover this nonsense, plus the other tenant has three small children who want to play in the yard.

On top of that, I immensely dislike my landlady. The truth comes out.

 

[Banned_Princess]

Well, I'm paying rent that's supposed to cover this nonsense, plus the other tenant has three small children who want to play in the yard.

On top of that, I immensely dislike my landlady. The truth comes out.

ok so what do you want to do? tell the kids not to play by the down tree


if LL doesnt want to move it, what do you think you can do to make her?

 

[John_DFW]

Depending on the situation, you may be able to have code enforcement tag it to require the landlord to fix the issue.

 

[Banned_Princess]

Depending on the situation, you may be able to have code enforcement tag it to require the landlord to fix the issue.

...like if its hanging by a thread.

which is why in post 1 of mine said get a professional opinion, then send that to LL, see if she'll fix it then.

code enforcement wouldn't make them move because of this.

 

[CSO286]

/minor hijack

I saw the title of this thread and all I could think of was:

If a man opens his mouth to speak and there's no woman nearby to hear him, is he still wrong?


/end hijack

 

[NellieBly]

ok so what do you want to do? tell the kids not to play by the down tree


if LL doesnt want to move it, what do you think you can do to make her?

I don't think you understand, this tree takes up most of the yard. We live in the city.

 

[NellieBly]

/minor hijack

I saw the title of this thread and all I could think of was:

If a man opens his mouth to speak and there's no woman nearby to hear him, is he still wrong?


/end hijack

Yes, next question please.

 

[Banned_Princess]

I don't think you understand, this tree takes up most of the yard. We live in the city.

So what. if the tree is not in threat of falling, and is already on the ground, no one can make the LL remove it.

you can give your notice and move. (no you cannot break your lease)

 

[NellieBly]

Actually, it's on the ground, but large broken branches are still suspended high above.

Landlady will be coming into town on Sunday to check it out.

 

[OHRoadwarrior]

You cannot make her have an oak tree inspection, just to satisfy your curiosity. Is there some basis for you to think it unsafe?

 

[NellieBly]

You cannot make her have an oak tree inspection, just to satisfy your curiosity. Is there some basis for you to think it unsafe?

I've given up on the oak tree, I just want the fallen tree out of my yard.

I do yard work in exchange for a pittance off the rent. I'm sure she's going to want me to do something with that tree. I guess I'll tell her I'm not licensed.

 

[John_DFW]

So what. if the tree is not in threat of falling, and is already on the ground, no one can make the LL remove it.

Highly dependent on city ordinances, a simple phone call to code enforcement will find out one way or another.

We can't leave branches out so many days prior to bulk trash pickup, and they do send notices and fine if not corrected. Can't speak for the OP's location.

The hanging branches are a safety hazard and should be corrected.