Yes, I would agree, reading that statute. Thank you for your time on this. I think my best option would be to send a letter that states what my investment company thinks is the issue and that I feel it is a hazard with pictures and ask them for assistance and see which direction they take the issue after signing the lease. Then if something were to happen, negligence would have to be decided by a judge?

An owner is not the guarantor of the safety of residents or invitees but shall exercise due care to keep the portion of the premises under the owner's control in a reasonably safe condition.

HISTORY: 1991 Act No. 135, Section 1.

Manager said that trees are the responsibility of the tenant. I am just not sure why they would have the final say on that unless specifically stated in the lease. We have sent letters in the past to park owners about common areas that are unsafe, but not about a private area.