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  1. #1
    Join Date
    Sep 2015
    Posts
    1

    Default Ex-Townhouse Landlord Charging Me for Fallen Tree on Property

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

    I just moved out of a townhouse community and am being charged $1050 for a tree that fell months ago in my front yard.

    The tree did no damage upon falling and I have photos of when and where the tree fell. I learned recently the landlord confronted my roommates (whom I don't get along with and each rent their own room) about the tree months ago and warned them they would be charged for the damages, so they said I chopped it down. Months prior to the tree falling, I submitted documentation to try and switch units because it was very difficult to live with my roommates. There is no other evidence that I was involved with the tree.

    I put in writing to the landlord that I am disputing the charges about 10 days ago and they've been avoiding me. I went to magistrate court today to see if I could preemptively counter-sue/dispute but I can't because the landlord has not started the legal process yet. What are the chances this is dropped and what should I be doing to get ready for court?

  2. #2
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Ex-Townhouse Landlord Charging Me for Fallen Tree on Property

    Does the lease address trees in yard.....not common to hold tenants accountable for trees falling in yard ........

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex-Townhouse Landlord Charging Me for Fallen Tree on Property

    Is it your position that your roommates chopped down the tree, and are lying to set you up?

    What do you believe to be the basis of a countersuit?

  4. #4
    Join Date
    Feb 2015
    Location
    California
    Posts
    14

    Default Re: Ex-Townhouse Landlord Charging Me for Fallen Tree on Property

    You sent a letter to the landlord that you dispute the charges. Did you include the photos you took that clearly show the tree was not cut down, but fell over?

    If not, you should write another letter and include the photos, stating the tree fell over from natural causes, not human induced activity. The landlord is trying to get money from you because the HOA is charging the owner for the tree removal. Why? It has to to with how the CC&R's (covenants, conditions and restrictions) are written. The owner of the unit is responsible for his unit and whatever landscaping he is individually responsible for, and the HOA is responsible for common areas.

    So far the landlord has not filed suit. Just wait until there is one filed, and present your photos in your defense to the judge.

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