Responsibility for a Fallen Tree in Your Rental Property

When you rent a home or a property, it's essential to understand who is responsible for the safety and maintenance of the property. One common concern is what happens if a tree in the front yard falls and causes damage to your car or your property. In this article, we will discuss the factors that determine who is responsible for the fallen tree and what actions you can take.

Understanding the Factors

Responsibility for the fallen tree depends on local laws and the terms of your lease agreement. In general, if the tree was neglected and it leads to damage, either the landlord or the tenant (depending on your lease agreement) may be responsible for the costs of repairs.

Landlord's Responsibility

As the owner of the land, the landlord has a duty to maintain the property in a safe condition. This includes removing any trees that are dead, diseased, or damaged. If the landlord fails to perform these necessary tasks and a tree falls on your mobile home or car, the landlord is likely liable for the damages.

Dead Trees and Liability

The only way the landowner would be at fault is if the tree was actually dead and therefore extra dangerous during storms, and the landowner knew the tree was dead. Dead trees are a risk, but most trees are fairly low-maintenance. Orchards and Christmas tree farms, which require special care, are different cases.

Renters Insurance and General Property Coverage

It's important to have renters insurance, as well as a policy from the landlord on the property in general. If neither you nor the landlord has these policies, it can lead to significant financial hardship. In these cases, the responsibility typically falls on the insurance companies to determine who is liable for the damages caused by the fallen tree.

Acting When a Tree Is at Risk

It's crucial to act when you notice a dead or potentially dangerous tree on or near your rental property. Here are some steps you can take:

Report the tree to your landlord immediately. Notify your insurance company if you have policy coverage. Document the condition of the tree and any damage that has occurred. Consider taking legal action if the landlord refuses to address the hazard.

Examples of Landlord Negligence

For instance, imagine a scenario where a neighbor's yard has six large, dead basswood trees. The tenant has noticed the trees and reported them to the property owner, who has ignored the issue. If one of these trees falls and causes damage to your property or vehicle, the property owner and possibly the tenant (depending on the lease agreement) could be liable for the repairs.

In another case, if a fallen tree could potentially take out power lines and result in community power loss, the landlord could be held responsible. In such a situation, you may need to consider legal action to cover your insurance deductible if it falls and damages anything on your property.

Handling property damage and fallen trees can be stressful, but understanding your rights and responsibilities can help you navigate these situations more effectively.

For more information or if you have other questions, feel free to contact the respective insurance companies or legal advisors.