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  1. #1

    Default Tenant Wants a Branch Removed from a Tree

    My question involves landlord-tenant law in the State of: TN


    Got a call from my tenant saying that he feels insecure as there is a "rotting" branch above the room she lives in. I went to check it out and there does not seem to be any problem with the branch. He is adamant that he feels unsafe especially when there is a storm. He wants the tree/branch cut.

    Do I need to call a professional to come evaluate? If the pros do say that it should be removed then who pays for the cost?

    Do I have any other options in this situation?

    Thanks for your help in advance.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Playing the Safety Card

    it's up to you but understand that if the branch does fall and cause an injury or damage, your liability is a given. You have been put on notice of the issue and a failure to remedy the issue would be considered negligence on your part.

    Now, with that said, I'm not saying you have to do anything with the branch. It is something to consider while you weigh your options. If you believe the tenant is exaggerating the issue, then you are free to tell the tenant you do not believe it is an issue at the moment and let it go..

    If an arborist reviews the branch and determines it is a danger, why would it be anybody's cost but yours? After all, it is your property, is it not?

  3. #3

    Default Re: Playing the Safety Card

    Agree. Even without a tenant in place, if the branch falls, it's still your property that will be damaged, potentially turning your rent-collecting unit into an expense pit rather than income line item. If a tenant is in residence, and the branch falls after you've been given notice of potential imminent danger to life and property, you risk having to see your tenant (or their estate)'s face every time you open your substantially lighter wallet for a long time. That's a risk you face by not at least having it evaluated by someone more knowledgable about tree integrity than you or your tenant.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Playing the Safety Card

    Ditto the other responses.

    My advice. Get the branch cut down.

    Shouldn't cost you more than a couple of hundred.

    It's deductible.

    And it's a fraction of the cost you could incur later, especially if it falls on your house without the benefit of wind and you find out it's not covered by your insurance.

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