What is a tenant’s iability for a dying tree?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is a tenant’s iability for a dying tree?
I recently left a rental home. The landlord replaced a tree approximately 4 months prior to us leaving due to a prior diseased tree dying. The replacement tree was small and not doing well and it too started dying, even though I watered it as told by the man that he had plant it. He deducted $300 from our deposit saying it was for the cost of the tree, planting, digging, fertilizer, etc I didn’t kill this tree and did everything I was told to do. Can he do this?
Asked on September 21, 2012 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A tenant is not generally responsible for landscaping or tending the landscaping, unless the lease made him or her responsible. If the lease did make you responsible for the upkeep of the landscraping AND you failed to follow directions--that is, you were at fault--then you could be liable for the cost of the tree. But if the lease did not make you responsible or you did everything you were told to do (i.e. you were not at fault) you should not have to pay. You may be able to sue the the landlord, such as in small claims court, for the return of your money.
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.