If a tree falls on my mobile home is my landlord responsible?
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If a tree falls on my mobile home is my landlord responsible?
A tree landed on my mobile home this morning and when I called the office to tell them they said that they were not responsible for any trees on the lot. Now I bought this mobile home so it is mine. But it was already here on the lot. In the agreement I signed I think it says we are responsible for landscaping but does this fall under that? There are trees all along the backs of the trailers and this one was dead. There is damage to my trailer as well not a done but enough to let water in. The manager came out and looked then just left without telling me whose responsible
Asked on January 9, 2012 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is likely that the landlord is not responsible. Normally, a landlord would only be responsible for tree damage if the landlord knew, or had reason to know, that the tree was sick, injured, dead, etc. and therefore posed a higher-than-normal risk of falling--landlords are not typically responsible, for example, for the damage done when a perfectly healthy tree falls without warning.
In this case,
1) Depending on precisely what the agreement says, vis-a-vis landscaping, the intention of the parties, where the tree was located, etc., it may be that the landscaping clause put the responsibility of taking care of this tree on you.
2) Even if it would be found that you were not responsible for the tree (that is, that taking care of the tree was more than "landscaping"), if the tree were on land which otherwise was your responsibility to landscape, then it would likely be held that the landlord did not have a responsibility to inspect that area, but rather the responsibility would have been yours, because you were responsible for landscapping, to tell the landlord of any hazards or conditions. If you did not give the landlord warning, therefore, if the tree was in an area under your control, he would likely not be responsible for the hazard.
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