If a tree falls on my mobile home is my landlord responsible?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption