questions & answers

Question: We have lived in a rental since 2009. Two years ago, the house was sold to a new owner and now we have a property management company that we talk to. (Prior was family friend owner). There is a large Tree in the back yard, over 30 ft tall, that has been maintained by the previous owner personally and by some people the property management sent over three different times since taking over the property. Due to a recent storm, the tree has broken branches 20 + feet in the air. The property management company was notified and have told me its my responsibilty. Is this true or not?

Answer: The particular terms and conditions of a rental agreement generally specify what the responsibilities of the landlord and the tenant are, but if maintenance of the tree(s) in the yard was never mentioned in the rental agreement, then the fact that the tree has in practice always been maintained by the landlord(s) would be a strong reason to say that the landlord should continue providing such maintenance. However, there is no specific provision in the law that directly applies.