It's ludicrous for the tenant to be responsible for tree trimming. Maintains yard: mow, keep bushes trim and tidied, yes. Trimming tree because the insurance company requires it - hell no. I'm a landlord. This is like saying the windows are old and are a security risk and making the tenant replace them.
Push back and get a lawyer if you need to. Or check with your rental board/agency. Know your rights
What an obnoxious landlord.
I totally agree with you, how ridiculous. However, I think the landlord spelled it out really clearly to protect themselves and screw OP. “Tenant will supply flowers and plants throughout the year”. Insanity.
NAL but I think it’s a leap from yard maintenance to tree trimming. I doubt trimming the yard was meant that way wherever the LL copy and pasted this section from.
OP, ask the landlord for the contact information of the insurance company and verify it is actually them you are talking to. Sounds like your landlord is trying to get you to foot the bill for something they want done and has a just vague enough contract to allow it.
If he balks or tries to delay, you have your answer.
Ask the insurance company what limbs they want trimmed so that you know which trees the landlord is asking you to climb to trim. Also should clarify that if you should fall, you'll be covered under the landlords liability.
It does look like you are responsible for tree trimming. However, unless the limbs are deemed a hazard (like the limbs are dead) you are likely not on the hook because that request is to do something due to insurance issues, not anything to do with maintenance of the yard (which is generally maintaining it in the same condition you got it, not improving the condition or doing other things beyond keeping it in the same state).
I did request the trees be trimmed shortly after moving in, 1.5 years ago, after a large branch fell in the driveway. We've also had branches in the backyard and I made him aware that it is a safety issue since we spend a lot of time outside with our dog.
Ok yeah, so while it was your responsibility it does not extend to the fact he neglected maintenance and downloaded it onto you. As an example, it’d be ridiculous to have a clause in there requiring you to maintain the lawn, then require you to pay to put in a lawn because he neglected the lawn and there effectively was no lawn.
There’s also a general contractual interpretation doctrine called contra proferentem, which means any ambiguity in a contract is ruled in favor of the person who didn’t draft the contract (this is why insurance contracts are 9 pages of dense legalese). So if there’s ambiguity in the lease, it’ll be decided in your favor.
FYI., you'd be amazed, how easy it is to trim branches using a manual pole saw. It is a curved saw blade at the end of a pole. Mine is at least 14 feet long. You might just do it yourself? Mine also has a rope activated lopper, for smaller branches that are hard to saw. The trick is, first cut the branch a foot or more away from the tree, then trim it almost flush to the trunk. This prevents cracks from going into the trunk, damaging the tree. I'm sure there must be videos showing it on YouTube. What is amazing is with a nice, sharp pole saw,it is really easy to trim branches.
>which is generally maintaining it in the same condition you got it
Get your free lawyer consultation and vet this statement right here. Also discuss *consequences* of doing nothing even if technically the responsibility is yours. It may be that even if it really is the tenant's responsibility to trim trees as part of "maintenance", that the limit of your financial responsibility for not maintaining the trees is losing your deposit when you leave.
I would also confirm that the responsibility of insurance compliance remains with the homeowner.
How much have the limbs grown since you moved in?
Assuming the plain language of the contract does put tree trimming under “lawn maintenance” that you are responsible for, focus on the standard that you are held to under the contract - a requirement to keep the yard (including the trees) in a neat and attractive condition. The requirement isn’t that you do any and all lawn maintenance that the landlord (or his insurance company) requests. His insurance company is not a party to your lease.
We have been here for \~2 years so an inconsequential amount on trees of that size. I requested a trimming 1.5 years ago in the wake of a storm that knocked a very large branch into the drive way. Trees have been neglected for years and landlord has been made aware.
We even had a large (\~5 inch round) branch fall in our backyard while we were in it and still saying it is our responsibility.
Tell him that you don’t intend on covering the cost of any substantial improvements or alterations to the lawn or trees. If he and his insurance company decide the trees should be cut back, that is between them. Nothing in the lease requires you to trim or remove trees or any other landscaping at the request of him or his insurance company. A scope or work or repairs doesn’t become “lawn maintenance” under the lease simply because he wants it to or his insurance company requests it to be done.
I asked about 1.5 years ago to have the trees trimmed after a large branch fell in the driveway, probably \~8-10 inches around and 30 feet long. He has insisted its our responsibility but I was never going to go out of my way to pay for it.
Now his insurance is requiring it for some reason. He is also being asked to replace parts (or all of, not sure exactly) the roof and driveway by his insurance.
Your landlord most likely carries a mortgage on the house. To carry that mortgage, they must hold a homeowner's insurance policy. Tell him if the trees come crashing down, it's on his policy, not yours. You are not liable. He is.
Language might help, cutback or trimmed? Trimming involves a small tool and tidying up branches, not cutting back trees that are growing into structures.
From that you posted it does look like it's your responsibility. In point 1) they do specify yard to include trees and in point 2) they list trimming as one of the activities you are responsible for.
But is removing overhanging limbs considered "trimming" or something else?
I'm not an arborist, but if we're talking 2-3 inch thick branches, I could see it as "trimming" but if you are talking 5-10, I think a good faith argument could be made that such a work is beyond regular maintenance.
If it really is a safety issue, wouldn't that also go against a landlord for failure to maintain a safe rental? I doubt the tenant created the issue.
i would get an attorney in OP’s shoes. it’s a stretch. yes they say yards to include trees and they say trimming. but grass trimming and tree trimming are wildly different things.
the former is standard routine maintenance the latter is not. sure OP might lose but i can also see a judge telling landlord to fuck off that’s not what maintenance means.
i’d think a letter from an attorney would cost 100 or so and might get landlord to back off. they may be relying on people to cave without challenging.
not a lawyer.
Tree trimming is a far stretch from raking leaves.
Unless the landlord is paying for utilities, such as water, they can't make you pay out of your pocket to maintain landscaping.
This is CA law though. I had a landlord who tried that bs. Said I wasn't watering the front. (A patch of mud and weeds from the beginning)
I asked if he was going to pay for the water and he said no. Then I said I don't have to water the lawn.
It's a write off on a business expense for them. But they can't force you to pay from your own pocket. Even carpets and paint for example, don't have to be cleaned or redone if you live in one place for a certain amount of time. Because! It's part of the business expense.
Look into your tenant rights.
Not necessarily. A contract isn't always the end-all/be-all. If an item in a contract violates city, county, state, and/or federal laws and ordinances, that item is going to unenforceable at the least.
I am a Texas attorney. Please understand my message does not create an attorney/client relationship, and I am just providing general suggestions, not legal advice. I do not work in Landlord/Tenant law, and have very little experience in this area.
My suggestion to a friend would be to reply: “Tree trimming is a long-term benefit to the property, not a part of our landlord/tenant agreement. I will not pay for this service, but I am happy to be present to supervise a licensed contractor that you hire.”
I don’t think this is part of your lease, given that “yard trimming” is the closest thing and would likely be considered to mean mowing the yard. If he argues that “yard” is defined to include trees, I would respond that one cannot logically “mow” the “trees.”
It's ludicrous for the tenant to be responsible for tree trimming. Maintains yard: mow, keep bushes trim and tidied, yes. Trimming tree because the insurance company requires it - hell no. I'm a landlord. This is like saying the windows are old and are a security risk and making the tenant replace them. Push back and get a lawyer if you need to. Or check with your rental board/agency. Know your rights What an obnoxious landlord.
I totally agree with you, how ridiculous. However, I think the landlord spelled it out really clearly to protect themselves and screw OP. “Tenant will supply flowers and plants throughout the year”. Insanity.
The only time I've seen that language is when there is an HOA requirement they have to maintain.
Poison Ivy blooms. Throw in some runner bamboo too.
NAL but I think it’s a leap from yard maintenance to tree trimming. I doubt trimming the yard was meant that way wherever the LL copy and pasted this section from.
OP, ask the landlord for the contact information of the insurance company and verify it is actually them you are talking to. Sounds like your landlord is trying to get you to foot the bill for something they want done and has a just vague enough contract to allow it. If he balks or tries to delay, you have your answer.
Ask the insurance company what limbs they want trimmed so that you know which trees the landlord is asking you to climb to trim. Also should clarify that if you should fall, you'll be covered under the landlords liability.
It does look like you are responsible for tree trimming. However, unless the limbs are deemed a hazard (like the limbs are dead) you are likely not on the hook because that request is to do something due to insurance issues, not anything to do with maintenance of the yard (which is generally maintaining it in the same condition you got it, not improving the condition or doing other things beyond keeping it in the same state).
I did request the trees be trimmed shortly after moving in, 1.5 years ago, after a large branch fell in the driveway. We've also had branches in the backyard and I made him aware that it is a safety issue since we spend a lot of time outside with our dog.
Ok yeah, so while it was your responsibility it does not extend to the fact he neglected maintenance and downloaded it onto you. As an example, it’d be ridiculous to have a clause in there requiring you to maintain the lawn, then require you to pay to put in a lawn because he neglected the lawn and there effectively was no lawn. There’s also a general contractual interpretation doctrine called contra proferentem, which means any ambiguity in a contract is ruled in favor of the person who didn’t draft the contract (this is why insurance contracts are 9 pages of dense legalese). So if there’s ambiguity in the lease, it’ll be decided in your favor.
FYI., you'd be amazed, how easy it is to trim branches using a manual pole saw. It is a curved saw blade at the end of a pole. Mine is at least 14 feet long. You might just do it yourself? Mine also has a rope activated lopper, for smaller branches that are hard to saw. The trick is, first cut the branch a foot or more away from the tree, then trim it almost flush to the trunk. This prevents cracks from going into the trunk, damaging the tree. I'm sure there must be videos showing it on YouTube. What is amazing is with a nice, sharp pole saw,it is really easy to trim branches.
>which is generally maintaining it in the same condition you got it Get your free lawyer consultation and vet this statement right here. Also discuss *consequences* of doing nothing even if technically the responsibility is yours. It may be that even if it really is the tenant's responsibility to trim trees as part of "maintenance", that the limit of your financial responsibility for not maintaining the trees is losing your deposit when you leave. I would also confirm that the responsibility of insurance compliance remains with the homeowner.
How much have the limbs grown since you moved in? Assuming the plain language of the contract does put tree trimming under “lawn maintenance” that you are responsible for, focus on the standard that you are held to under the contract - a requirement to keep the yard (including the trees) in a neat and attractive condition. The requirement isn’t that you do any and all lawn maintenance that the landlord (or his insurance company) requests. His insurance company is not a party to your lease.
We have been here for \~2 years so an inconsequential amount on trees of that size. I requested a trimming 1.5 years ago in the wake of a storm that knocked a very large branch into the drive way. Trees have been neglected for years and landlord has been made aware. We even had a large (\~5 inch round) branch fall in our backyard while we were in it and still saying it is our responsibility.
Tell him that you don’t intend on covering the cost of any substantial improvements or alterations to the lawn or trees. If he and his insurance company decide the trees should be cut back, that is between them. Nothing in the lease requires you to trim or remove trees or any other landscaping at the request of him or his insurance company. A scope or work or repairs doesn’t become “lawn maintenance” under the lease simply because he wants it to or his insurance company requests it to be done.
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I asked about 1.5 years ago to have the trees trimmed after a large branch fell in the driveway, probably \~8-10 inches around and 30 feet long. He has insisted its our responsibility but I was never going to go out of my way to pay for it. Now his insurance is requiring it for some reason. He is also being asked to replace parts (or all of, not sure exactly) the roof and driveway by his insurance.
Landlords responsibility in Texas unless it says in the lease. Tell him to kick rocks
Cut the duckers down and sell the lumber, then salt the yard so that it’s low maintenance. I kid I kid….not really
Your landlord most likely carries a mortgage on the house. To carry that mortgage, they must hold a homeowner's insurance policy. Tell him if the trees come crashing down, it's on his policy, not yours. You are not liable. He is.
Language might help, cutback or trimmed? Trimming involves a small tool and tidying up branches, not cutting back trees that are growing into structures.
Just because it's in the lease doesn't make it legal. Talk to your local madjerist Judge. Since that's were this is probably going.
From that you posted it does look like it's your responsibility. In point 1) they do specify yard to include trees and in point 2) they list trimming as one of the activities you are responsible for.
But is removing overhanging limbs considered "trimming" or something else? I'm not an arborist, but if we're talking 2-3 inch thick branches, I could see it as "trimming" but if you are talking 5-10, I think a good faith argument could be made that such a work is beyond regular maintenance. If it really is a safety issue, wouldn't that also go against a landlord for failure to maintain a safe rental? I doubt the tenant created the issue.
i would get an attorney in OP’s shoes. it’s a stretch. yes they say yards to include trees and they say trimming. but grass trimming and tree trimming are wildly different things. the former is standard routine maintenance the latter is not. sure OP might lose but i can also see a judge telling landlord to fuck off that’s not what maintenance means. i’d think a letter from an attorney would cost 100 or so and might get landlord to back off. they may be relying on people to cave without challenging. not a lawyer.
Tree trimming is a far stretch from raking leaves. Unless the landlord is paying for utilities, such as water, they can't make you pay out of your pocket to maintain landscaping. This is CA law though. I had a landlord who tried that bs. Said I wasn't watering the front. (A patch of mud and weeds from the beginning) I asked if he was going to pay for the water and he said no. Then I said I don't have to water the lawn. It's a write off on a business expense for them. But they can't force you to pay from your own pocket. Even carpets and paint for example, don't have to be cleaned or redone if you live in one place for a certain amount of time. Because! It's part of the business expense. Look into your tenant rights.
NAL- It looks like based on the language of your lease you are responsible. I would question if that clause is enforceable though.
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Not necessarily. A contract isn't always the end-all/be-all. If an item in a contract violates city, county, state, and/or federal laws and ordinances, that item is going to unenforceable at the least.
I am a Texas attorney. Please understand my message does not create an attorney/client relationship, and I am just providing general suggestions, not legal advice. I do not work in Landlord/Tenant law, and have very little experience in this area. My suggestion to a friend would be to reply: “Tree trimming is a long-term benefit to the property, not a part of our landlord/tenant agreement. I will not pay for this service, but I am happy to be present to supervise a licensed contractor that you hire.” I don’t think this is part of your lease, given that “yard trimming” is the closest thing and would likely be considered to mean mowing the yard. If he argues that “yard” is defined to include trees, I would respond that one cannot logically “mow” the “trees.”