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How Quickly Must a Landlord Remove a Fallen Tree

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  • 07-28-2015, 05:53 AM
    Kaili Garner
    How Quickly Must a Landlord Remove a Fallen Tree
    My question involves landlord-tenant law in the State of: New York.

    So Sunday we had a really bad storm. The wind ended up knocking a tree over right onto my roof in my sunroom. That part isn't too bad because I can shut off the sunroom so nobody can go in. My question is what is a reasonable amount of time for the landlord to have that tree removed. If it continues to fall it's going to take the whole side of my house down. I'm just more nervous because I have 3 kids ranging from the age of 7 months to 8 years. He came by Sunday and took pictures and said he would send someone out Monday, but nobody came....Now my house is looking like a tree house. So how long would YOU give a landlord before you have it done yourself?
  • 07-28-2015, 09:08 AM
    Mr. Knowitall
    Re: How Quickly Must a Landlord Remove a Fallen Tree
    If you want to remove the tree at your own expense, you can propose that to the landlord. You can also offer to get estimates for tree removal for your landlord to review and potentially approve.

    The reasonable amount of time, alas, is exactly that -- an amount of time that is reasonable under the circumstances. Factors such as the risk to the structure from the tree, the level of inconvenience to you, the amount of time it takes to schedule the contractor to come out and remove the tree, and the like, all factor into what is reasonable.
  • 07-28-2015, 09:18 AM
    cbg
    Re: How Quickly Must a Landlord Remove a Fallen Tree
    It's not entirely within the control of the landlord.

    A little over 2 years ago, we had a massive snowstorm in our area; a tree was uprooted and fell onto the house in such a way that the front door was entirely blocked. The only way to enter or exit the house was to walk around the house (there is no paved path) and enter or exit through the kitchen slider. We were classified as an emergency because of the door being blocked. But so many other people had trees down that between getting the insurance company to inspect (which had to be done before the tree could come down) and getting onto the contractor's schedule, that EVEN CLASSIFIED AS AN EMERGENCY and being put at the top of the list because of that, it was STILL a month before that tree came down.

    Now granted, this is July, not February; you don't have to deal with nearly three feet of snow getting in the way of the operation. But I can tell you what's NOT reasonable, and that's expecting that a tree that came down Sunday would be gone by Tuesday.
  • 07-28-2015, 09:53 AM
    Kaili Garner
    Re: How Quickly Must a Landlord Remove a Fallen Tree
    I was only asking. I'm not complaining or throwing a fit. I agree it takes a little bit, but the inspector came out today and told me that tree should have been removed yesterday. There's no reason for it to still be there it's going to cause more damage and needs to be removed because he can't assess the damage and its a risk for my family and I. He said he was going to call the landlord and tell him he needs to remove it so we'll see what happens. I just know he takes his time doing repairs because he doesnt want it coming out of his pocket.
  • 07-28-2015, 09:57 AM
    Mr. Knowitall
    Re: How Quickly Must a Landlord Remove a Fallen Tree
    In an ideal world, things that should have happened yesterday are already done. In this less than ideal world, we spend a lot of time waiting for things to be done even when they "should have been done yesterday".
  • 07-28-2015, 10:17 AM
    cbg
    Re: How Quickly Must a Landlord Remove a Fallen Tree
    Yes, and the tree leaning against my front door should have been removed three weeks before it was. But it wasn't, because the people who could remove it without doing more damage were not available.
  • 07-28-2015, 10:43 AM
    Kaili Garner
    Re: How Quickly Must a Landlord Remove a Fallen Tree
    The only reason for my rush is my landlord is trying to sell the house. He told me if it sells he'll give me money for helping and I have people that want to come Friday to see the house. I'm looking to buy a house and I know if I see a house with a tree on it I wouldn't want to buy it. But the realtor just spoke with him and he assured him the tree would be gone and repairs made before friday so we'll see.
  • 07-28-2015, 05:25 PM
    gail in georgia
    Re: How Quickly Must a Landlord Remove a Fallen Tree
    So the real issue here is money as opposed to any concern over safety for your family. Got it.

    Gail
  • 07-28-2015, 07:38 PM
    Kaili Garner
    Re: How Quickly Must a Landlord Remove a Fallen Tree
    No the first reason is my kids. they can't play outside and I fear that tree falling worse and taking my electric out. the second issue is these buyers. I dont care about the money fact of the matter is he wants it sold and I want out. I'm buying my own house which by the way I don't need the money for it so you cant say that. He has his inexperienced goonies coming to take the tree down I guess tomorrow which is even scarier for me. Any way that tree comes down is taking something with it. I was more concerned that my kids would be sitting at the dinner table eating and the tree would finish calling on them since the sunroom is right next to the dining room. I shouldn't have to live like this. As for the potential buyers. I just found this out today after I posted this. So you can't say it's for money. So why don't you get your story straight before deciding to post idiotic comments thinking you know everything. Try going out and getting a life of your own it may be more interesting than trolling around forums all day.
  • 07-28-2015, 07:47 PM
    cbg
    Re: How Quickly Must a Landlord Remove a Fallen Tree
    I've got news for you, sweetcakes.

    Having the tree taken down haphazardly is a lot more dangerous to you and the structure of the house than waiting to have it done properly, by someone who has a license and the training to do it. It takes more than just your landlord coming out with a chain saw.

    I don't care what your inspector said (inspector of what?)...it is not reasonable to expect a tree that came down on Sunday to be gone by Monday, or even Tuesday. Maybe by next Tuesday. It can take several days just to get the insurance carrier out, and they have to see it before any work is done.

    So take a deep breath, relax, and hold your freakin' horses.
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