Am I responsible for a tree dying?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I responsible for a tree dying?
On my lease it states that I am responsible for maintaining the lawn, which was done. A young tree, however, died on the property and my landlord sent me a handwritten note saying that due to not watering the tree, it died and charged me for the tree and his labor cost to replace it. All out of my security deposit. No where on the lease speaks specifically about water trees and how often I’m suppose to do so.
Asked on April 1, 2012 under Real Estate Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You may be responsible.There are two issues: the first is whether the obligation to "water the lawn" would be reasonably considered to have taken in the obligation to water the tree as well; the second is whether your failure to water more caused the tree's death.
If the tree was not in a separate location, but was on the lawn which you were supposed to water, a court could conclude that the tree had to be watered, too--not that a court would have to find that, but it's possible. And if that were the case, and you're watering was inadequate, then you could be liable.
(The reason a more definitive answer cannot be provided is that so much depends on the specific facts and the specific language of the lease.)
Since you could possibly be responsible, it may be better to pay this cost rather than go to court to try to fight it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.