Profile picture for ShaundraFontaine

I have old dying trees which continue to drop huge branches, almost hitting me. What are my rights?

I have asked the landlord to send a pruner over here 4 times already. The brancheds have almost hit my family members, have fallen on my car, and have almost hit me while sitting in the back yard. We have to walk under these dying trees daily. I don't know what to say to the landlord to get him to do something! I've been paying rent every month since Jan 2011.
  • May 21 2012 - North End
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Answers (4)

Profile picture for wetdawgs
First, spend some time reading the Idaho Landlord/tenant guidelines and read your lease to see if you are responsible for the landscaping.   If you are, then call in a tree trimmer to cut off the dead branches.

If it isn't something you are responsible for, when a repair is needed for something that affects habitability of the property send a written description of the issue to the landlord with confirmation of delivery.      When writing this letter, I'd recommend being very factual such as: "branches from trees on the property with diameter of xx" have dropped on my car, on the deck and in the pathway between our home and the cars".   Add a frequency of these events.     Add a comment that you are concerned about the safety of you and your family as well as your car.

Good luck.  Let us know how it goes.

  • May 22 2012
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Anytime you ask about your rights, ask an attorney.  Everyone else will typically give you an "opinion".

Thanks for yet another example of why it makes more sense to own then rent!

Best of luck!
Jim
  • May 22 2012
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Review your lease agreement as well.  Many include a maintenance clause that states you may be responsible for upkeep, but any costs over a given amount is the responsibility of the landlord.  Keep copies of all notifications and the dates you mailed them, preferably by registered mail, and who you mailed them to (ie, Landlord or Property Manager).
More importantly, this would be considered a SAFETY HAZARD to you and possibly the general public, depending on the location of the tree.
  • May 22 2012
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Check your local rental laws.  However, if the trees make the property uninhabitable, you may argue "constructive eviction" and withhold rent until the problem is cured.  Also check your lease for language you can use.  The other thing is to get a court order arguing nuisance or other dangerous condition.
  • May 22 2012
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