Tenant's Responsibility? Hurricane related

[TangoJuliet]

My wife and I are leasing a large home with about an acre of property with lots of trees. After hurricane Irene hit we didn't get any damage to the property but there are a lot of fallen branches and leaves.

There is one branch that is way too big and heavy to move and it will need to be cut. I called the landlord and he basically said its my responsibility. Does anyone know whose responsibility it is to clean up after a storm/hurricane?

I checked my lease and there isn't really anything in there. It does say to keep the property neat and orderly. It also says that tenant is "not responsible for ordinary wear and damage by the elements".

Blumberg 495 Lease
http://www.blumberglegalforms.com/Forms/495.pdf

Any help is appreciated! Thanks!!

 

[RadiclDreamer]

Im sure it depends on location, but I would think that it would be the landlords job. Do they mow the grass and or take care of other yard maint?

 

[edro]

Do you mow the grass or do any lawn maintenance?

 

[Capt Caveman]

Are you responsible for maintaining the property?

 

[LookBehindYou]

Who does the lawn care, i.e. mowing, etc. I would say it's probably on you if it's not causing any problems. If it's not causing any problems and you dont want to look at it, it's probably on you, either leave it there or move it yourself.

Now if your landlord takes care of all lawn maintenance, then it's on them. But, they can just say eff it too, and leave it there.

 

[RadiclDreamer]

Do you mow the grass or do any lawn maintenance?

Wow, great minds think alike!

 

[KentState]

If a tree fell in your yard at any time, I would think it would be the landlord's responsibility to take care of it. As far as small branches and leaves, that would be on you.

 

[edro]

Buy an axe for $30 and chop it up.
It's great exercise and you will feel like a real man, instead of crying like a girl to the landlord.

 

[LookBehindYou]

Buy an axe for $30 and chop it up.
It's great exercise and you will feel like a real man, instead of crying like a girl to the landlord.

Pretty sound advice there.

 

[OILFIELDTRASH]

Buy an axe for $30 and chop it up.
It's great exercise and you will feel like a real man, instead of crying like a girl to the landlord.

Yep and some firewood to boot

 

[TangoJuliet]

Buy an axe for $30 and chop it up.
It's great exercise and you will feel like a real man, instead of crying like a girl to the landlord.

LOL. I'm Thor bitches!

Yeah, I'm responsible for doing the lawn. He is responsible for landscaping.

 

[bobdole369]

LOL. I'm Thor bitches!

Yeah, I'm responsible for doing the lawn. He is responsible for landscaping.

huh? I didn't know the two could be considered separate? U mean like trees and hedgetrimming right?

In any case, think of it like garbage. If someone threw a barrel of fish in your front yard you would probably have to clean it up right? Whats different about a branch?

 

[D1gger]

Buy an axe for $30 and chop it up.
It's great exercise and you will feel like a real man, instead of crying like a girl to the landlord.

Or if that is too much like work for the OP, he could rent a chainsaw for half a day and just get it done!

 

[SP33Demon]

Tell the landlord that you had someone cut it up and that you are taking it off the rent. Refer them to the part in your lease about it (tenant is "not responsible for ordinary wear and damage by the elements"). There is nothing your landlord can do about it in accordance to the lease. If they want to take you to small claims, then you will win (assuming it's a humongous log).

 

[SpatiallyAware]

In my state, assuming that the tenant has to maintain regular upkeep of property

If trunk has fallen = landlord
Branch (no matter how large) = tenant



That being said, if the tree itself needs removed due to disease etc it's on the landlord

 

[ch33zw1z]

It's his property, his responsibility.

 

[Texashiker]

There is one branch that is way too big and heavy to move and it will need to be cut. I called the landlord and he basically said its my responsibility. Does anyone know whose responsibility it is to clean up after a storm/hurricane?

Are you that lazy that you do not want to clean up the yard?

 

[MotF Bane]

Buy an axe for $30 and chop it up.
It's great exercise and you will feel like a real man, instead of crying like a girl to the landlord.

And then you will have an axe, so the next time the landlord comes over and bitches at you, you have an axe. Display it prominently.

 

[edro]

Are you that lazy that you do not want to clean up the yard?

In all fairness, it sounds like he has or is going to clean up the normal sized branches. This one is just too big to break up by hand.

OP, Post pics of log so we can laugh at you more.

 

[ch33zw1z]

Are you that lazy that you do not want to clean up the yard?

Maybe he is. Maybe he isn't. That's not the issue here.

 

[Texashiker]

This one is just too big to break up by hand.

There is there is thing at the hardware store called a "saw". It has a metal blade that you move side to side over the wood. While the blade is being moved over the wood, its like magic or something, because the blade cuts through the wood.

Who would have ever thought that a piece of steel could be used to cut wood.

Maybe he is. Maybe he isn't. That's not the issue here.

In case you have not been watching the news, a hurricane just went through new york. This is not the time to be all nit-picky, everyone needs to do their fair share.

 

[TangoJuliet]

huh? I didn't know the two could be considered separate? U mean like trees and hedgetrimming right?

Its like this - I'm responsible for maintaing the lawn. He is responsible for trimming the trees and bushes, etc.

Are you that lazy that you do not want to clean up the yard?

No, thats not really the point. I'm outside right now raking it up. The property is huge so its going to take some time. If I am responsible then I'll just continue cleaning it up. However, if I am not responsible then why should I be wasting my time on this. I have other things that need to be done.

I took pictures but I left the camera outside. I'll post them later.

 

[TechBoyJK]

Honestly, unless you can't afford it, or can't find a way to remove it yourself, I wouldn't hassle the landlord over it.

My landlord is a single grandma that doesn't have all the money in the world. I typically save my requests for something major. If I can fix something myself and it only costs $20-$30 I do it, and then let her know I took care of it. She appreciates it. The few times there was something major that needed to be done, she jumped on it. (like repairing the roof).

It shows that I'm a responsible tenant, and she returns the favor by being a responsible landlord.

 

[Sho'Nuff]

Look at your lease. In many states, the default rule is that the landlord is responsible for maintaining the property. However, the parties are free to contract around that rule.

 

[Texashiker]

However, if I am not responsible then why should I be wasting my time on this. I have other things that need to be done.

I am sure there are a lot of other people that would like to be doing other stuff besides cleaning up their yards right now.

Suck it up, clean up your yard, and be thankful the limb landed in your yard and not on top of the house.