Isn’t it the responsibility of the landlord to remove a fallen tree on the property as well as fix the house-related damage?

UPDATED: Aug 30, 2011

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Isn’t it the responsibility of the landlord to remove a fallen tree on the property as well as fix the house-related damage?

I’m renting a house from an individual landlord (1 year lease term). It’s not a GAA or NAA lease, it is 1 he simply wrote with no specifications regarding my responsibility for fallen tree/tree debris. 6 weeks ago a tree fell across the front yard onto the power lines, which ripped part of the right side of the house off (and also damaged the neighbor’s house) and has been laying across the yard ever since. I immediately took pictures and called the owner. I also have asked in writing. He has yet to remove it or fix the damage and says that I am responsible for removing the tree and debris.

Asked on August 30, 2011 Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most residential leases the terms and conditions of the written lease control the obligations of the tenant to the landlord and vice versa absent conflicting state law on a given subject. In your written lease agreement for the unit you are renting, you state in the facts portion of your question that you would be obligated for "fallen tree/tree debris".

If you signed the lease containing this provision, you are contractually obligated to remove the fallen tree on your rental at your cost unfortunately. Had this provision not been in your rental agreement, it would have been the landlord's responsibility to clean of the tree at his or her cost.

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 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.

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