Tree

[Tman5]

I have been renting the house I live in for 3 years and never been late with the rent. There was a tree over 24 inches across the stump that died in June of 2021. The tree was about 30 feet from the end of the house and I have to walk under it to get to the storage room and also mow under it. The landlord had been saying he was going to have it removed for the last year or more. There was a lot of large limbs falling out of it and I felt it was unsafe so I had it removed. He does not want to pay anything and says if I take it off my rent he will take me to court. Should I have to pay all the cost?

 

[LdiJ]

I have been renting the house I live in for 3 years and never been late with the rent. There was a tree over 24 inches across the stump that died in June of 2021. The tree was about 30 feet from the end of the house and I have to walk under it to get to the storage room and also mow under it. The landlord had been saying he was going to have it removed for the last year or more. There was a lot of large limbs falling out of it and I felt it was unsafe so I had it removed. He does not want to pay anything and says if I take it off my rent he will take me to court. Should I have to pay all the cost?

Whether or not you could successfully deduct it from the rent or have some other recourse against your landlord depends in great part upon your lease AND your locality and state law.

Consult a local real estate attorney.

 

[AlmostThere]

You can tell him if he does not remove it you will give notice and move at the end of your lease term. Or you can just give notice in accordance to your lease and move.

 

[Just Blue]

I have been renting the house I live in for 3 years and never been late with the rent. There was a tree over 24 inches across the stump that died in June of 2021. The tree was about 30 feet from the end of the house and I have to walk under it to get to the storage room and also mow under it. The landlord had been saying he was going to have it removed for the last year or more. There was a lot of large limbs falling out of it and I felt it was unsafe so I had it removed. He does not want to pay anything and says if I take it off my rent he will take me to court. Should I have to pay all the cost?

What state?

 

[Tman5]

What state?

NC

 

[quincy]

I have been renting the house I live in for 3 years and never been late with the rent. There was a tree over 24 inches across the stump that died in June of 2021. The tree was about 30 feet from the end of the house and I have to walk under it to get to the storage room and also mow under it. The landlord had been saying he was going to have it removed for the last year or more. There was a lot of large limbs falling out of it and I felt it was unsafe so I had it removed. He does not want to pay anything and says if I take it off my rent he will take me to court. Should I have to pay all the cost?

You removed a tree on your landlord’s property without authorization from the landlord?

 

[Tman5]

You removed a tree on your landlord’s property without authorization from the landlord?

I gave him over a year to have it done. The tree was around 30 feet from the house and dangerous.

 

[quincy]

Did you notify your landlord in writing that the tree was dead, a hazard, and needed to be removed?

Did you consult with an arborist to confirm that the tree was dead, a hazard, and needed to be removed?

Did you get estimates on costs to remove the tree from more than one tree removal service and submit these estimates to your landlord?

The landlord owned the tree. Without evidence that the tree was an immediate threat, you could not only be responsible for the costs you incurred in removing it, you could also owe the landlord money for destroying his property.

 

[adjusterjack]

Did you ever give him written notice that you would remove the tree if he didn't and that you would charge him for the cost?

Did you get an arborist to inspect the tree and confirm its condition and danger.

If you didn't, then I don't see where he owes you anything.

(Great minds think alike, Quincy.)

 

[quincy]

I was a second or two faster than you, so I win.

 

[Zigner]

You can tell him if he does not remove it you will give notice and move at the end of your lease term. Or you can just give notice in accordance to your lease and move.

You need to re-read the original post.

 

[adjusterjack]

I was a second or two faster than you, so I win.

Yes, you do.

 

[quincy]

You need to re-read the original post.

Yup. Someone seems to have missed the whole “I removed the tree” part.

 

[Tman5]

Did you notify your landlord in writing that the tree was dead, a hazard, and needed to be removed?

Did you consult with an arborist to confirm that the tree was dead, a hazard, and needed to be removed?

Did you get estimates on costs to remove the tree from more than one tree removal service and submit these estimates to your landlord?

The landlord owned the tree. Without evidence that the tree was an immediate threat, you could not only be responsible for the costs you incurred in removing it, you could also owe the landlord money for destroying his property.

I did not notify him in writing. He looked at the tree in person and knew there was no question that it was dead and said he would have it removed over a year ago. It doesn't take an arborist to know a tree is dead. When it doesn't have leaves on it for over a year and limbs are rotting and falling off it is dead. This was a big tree a d had large limbs coming off that would kill a person if they fell on you.

 

[Tman5]

It would normally cost $1500 to have reputable tree service remove a tree this size. I have a friend who owns a tree service and he is licensed and bonded. He did it for me for half price as a favor and gave me an invoice for the landlord.