Tenant's Responsibility? Hurricane related

[bobdole369]

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).

This is VERY state dependent. In FL for example a tenant cannot withhold any portion of the rent for any reason. If there is a dispute and the tenant feels the landlord is not maintaining the property or supplying something covered in the lease (say for example if the front picture window is struck by a drive-by, and the landlord says - meh, live with it), and you go ahead and replace it at your cost, then you must pay the full rent to the registry of the clerk of the court and await eviction proceedings. Upon hearing the case the judge will award you the repair cost of the window. (Throwing out the eviction in the process)

NY likely has its own laws regarding this. But the easiest way is to get off your duff and clean up the yard.

 

[ch33zw1z]

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.

I live in the Northeast, but thanks for the FYI.

When you rent, your landlord is responsible for many things. He is liable for certain things. It may be in his(OP's) best interest to perform some of the clean up actions, it may not. If you can't pick it up by hand, it's not your responsibility.

 

[ch33zw1z]

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.

Other than immediate inconvenience, why? It's not the OP's house, he would not be on the hook for it.

 

[paperfist]

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.

Isn't the whole idea of leasing or renting a property is that it clears you from having to own shit like that?

I'm pretty sure it's not his responsibly to own a torch, pipe, flux, sandpaper and some couplings for when his pipes freeze in the winter.

 

[Texashiker]

Other than immediate inconvenience, why? It's not the OP's house, he would not be on the hook for it.

That type of attitude is one of the problems with this country - "its not my problem".

 

[TangoJuliet]

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.

Guy, this is NOT my house. I could care less if a tree landed on it and the earth swallowed it. I'd simply just find a new place to stay.

I am paying good money to rent this place and if its my responsibility then fine I'll do it. If it is not then I'm not paying additional money or spend hours cleaning up something that wasn't mine in the first place.

 

[TwiceOver]

I guess I've never lived anywhere that this would be MY responsibility other than the house that I own.

 

[ch33zw1z]

That type of attitude is one of the problems with this country today - "its not my problem".

You know Texas, you're usually right on with most stuff, but you're wrong. When it's not your problem, making it your problem can just make things worse.

The OP's (or my)attitude is not "it's not my problem", the attitude is "Who's problem is it, and what does that person need to do to fix it"

In the terms of renting or leasing, the OP's situation, then the Landlord is responsible for tree/branch removal. Not small branches or leaves to rake, but a branch large enough that he can't pick up.

If you own the home, it's your bag. If you're leasing/renting, it's the LL's bag. Is this cut 'n dry enough for your cut 'n dry tastes?

 

[Texashiker]

Guy, this is NOT my house. I could care less if a tree landed on it and the earth swallowed it. I'd simply just find a new place to stay.

I bet your the kind of person that drives by the volunteer firefighters as they are trying to raise money, and does not drop a single penny in the boot.

"Its not my problem, so I am not going to help anyone else"

There are a lot worse things going on in your area right now, clean up the yard.

In the terms of renting or leasing, the OP's situation, then the Landlord is responsible for tree/branch removal.

Under normal situations yes, but sometimes people need to do a little more.

With clean up crews, it might be weeks before anyone can get out there and clean up the mess. Its probably going to be faster for the OP to take care of it himself.

The main job right now is cleaning roads and getting trees off power lines. After all of that is done, "then" someone might be able to make it out to ops house.

Normal cleanup after a hurricane can take weeks, in some cases months, and even years. I am sure a limb in a yard, not sitting on a power line is the least of anyones concern right now.

 

[bobdole369]

Guy, this is NOT my house. I could care less if a tree landed on it and the earth swallowed it. I'd simply just find a new place to stay.

I am paying good money to rent this place and if its my responsibility then fine I'll do it. If it is not then I'm not paying additional money or spend hours cleaning up something that wasn't mine in the first place.

There are likely no "laws" here that apply.

Break out your lease and read the thing. If there is any mention of the landlords responsibility for this sort of thing (look for "landscaping", "yard maintenance", etc), than he is responsible. Anything specifically not mentioned is the tenants responsibility. I'd be inclined to let the thing sit there.

 

[TangoJuliet]

I bet your the kind of person that drives by the volunteer firefighters as they are trying to raise money, and does not drop a single penny in the boot.

"Its not my problem, so I am not going to help anyone else"

There are a lot worse things going on in your area right now, clean up the yard.



Under normal situations yes, but sometimes people need to do a little more.

Troll much??

 

[edro]

Nothing sparks debate like a good ole fashioned GRAY AREA!!!

 

[ch33zw1z]

I bet your the kind of person that drives by the volunteer firefighters as they are trying to raise money, and does not drop a single penny in the boot.

"Its not my problem, so I am not going to help anyone else"

There are a lot worse things going on in your area right now, clean up the yard.



Under normal situations yes, but sometimes people need to do a little more.

With clean up crews, it might be weeks before anyone can get out there and clean up the mess. Its probably going to be faster for the OP to take care of it himself.

The main job right now is cleaning roads and getting trees off power lines. After all of that is done, "then" someone might be able to make it out to ops house.

Normal cleanup after a hurricane can take weeks, in some cases months, and even years. I am sure a limb in a yard, not sitting on a power line is the least of anyones concern right now.

I really think you're missing the point.

Say you're at work, and the custodial engineer is out sick. Now, SOMEone has to empty the trash and clean the toilets. Pitch in buddy, do a little more, right? Well, I'm sure you'd jump right in, even though it wasn't in your employment agreement. Because, well, that's just the type of stand-up guy you are.

 

[MotF Bane]

I really think you're missing the point.

Say you're at work, and the custodial engineer is out sick. Now, SOMEone has to empty the trash and clean the toilets. Pitch in buddy, do a little more, right? Well, I'm sure you'd jump right in, even though it wasn't in your employment agreement. Because, well, that's just the type of stand-up guy you are.

rofl

 

[TangoJuliet]

I really think you're missing the point.

Say you're at work, and the custodial engineer is out sick. Now, SOMEone has to empty the trash and clean the toilets. Pitch in buddy, do a little more, right? Well, I'm sure you'd jump right in, even though it wasn't in your employment agreement. Because, well, that's just the type of stand-up guy you are.

Haha. Good one.

I didn't come here to bash anyone or prove who's right or wrong. All I wanted to know was it my responsibility or not.

For the guy who asked about the lease. I posted a generic copy of it in the OP. It's the same one except mine has our names on it. No other legal mumbo jumbo is on either - they're identical

 

[Zargon]

I bet your the kind of person that drives by the volunteer firefighters as they are trying to raise money, and does not drop a single penny in the boot.

that would be me.

but then again, I pay thousands of dollars a year in property taxes to pay for my fire protection, I am not welfaring those cheapasses that moved outside city limits to avoid said taxes ()


OP: if nothing else, rent the chainsaw and ask the landlord to pay for the rental, if he bitches, bill him for your time too. its seemingly 100% his responsibilty, and if he wont take even part of that, then stick him for all of it

 

[FDF12389]

custodial engineer.

Holy shit the janitor job title has got to be the most evolutionary title as of late!

 

[Texashiker]

I really think you're missing the point.

I think you do not know what its like after a hurricane. Everyone that can hold a chainsaw is going to be busy for the next few weeks.

Clear the roads of fallen trees
Get trees off power lines
Get trees off houses

Stuff like this is more important then ops yard

After that is done, then "maybe" someone can make it to ops house. Depending on the level of damage, it might be anywhere from a couple of day, to a couple of months before all of that is done.

Say you're at work, and the custodial engineer is out sick. Now, SOMEone has to empty the trash and clean the toilets. Pitch in buddy, do a little more, right?

When the janitor takes a few days off, I take my own garbage out, and if I leave a mess in the toilet, I clean it.

 

[chin311]

screw that. I wouldn't clean it up. It's not about being a "man" or being "lazy". it's not your responsibility, simple as that. I also rent, and a tree got knocked down in the backyard from a storm. Called the landlord, had it cleaned up and removed.

Like I'm going to chop up a tree and haul it off for them. LOL! That's why I rent, hassle-free. I cut the grass and live here. If i wanted the bullshit and hassle of being a homeowner, I'd buy.

 

[paperfist]

that would be me.

but then again, I pay thousands of dollars a year in property taxes to pay for my fire protection, I am not welfaring those cheapasses that moved outside city limits to avoid said taxes ()


OP: if nothing else, rent the chainsaw and ask the landlord to pay for the rental, if he bitches, bill him for your time too. its seemingly 100% his responsibilty, and if he wont take even part of that, then stick him for all of it

Ohh more gray area, what if he cuts off his fingers by doing the landlord a favor by renting a chainsaw to remove some branches. Who's responsible for the medical bills?

 

[OILFIELDTRASH]

You're a lazy mofo. You really need to stick to renting. And make sure the next lease you sign specifically spells out what a lazy mofo you are and you will not get off your fat ass for any reason at all.

 

[LookBehindYou]

This is insane that a branch has caused a 2 page (and counting) thread. If OP can do it, without buying or renting equipment, requiring additional help, putting himself in unnecessary danger, or expending an unneccesary amount of time, then do it. Otherwise, have the landlord take care of it.

 

[ch33zw1z]

The Lease agreement is pretty cut and dry. You are not responsible for the branch. In fact, if you go out there a get hurt, then it could get worse.

 

[SP33Demon]

It specifically states "damage by the elements" isn't your responsibility under Section 8. I would let your landlord know this and include a scan of that Section in an email and offer to take care of it and he can reimburse you (check, or take it off the rent). That way your ass is covered in a legally binding document if this a.hole landlord decides to keep your security deposit over a huge log in his yard that he neglected to pay to remove. Make him aware of it and put the ball in his court.

 

[ch33zw1z]

I think you do not know what its like after a hurricane. Everyone that can hold a chainsaw is going to be busy for the next few weeks.

Clear the roads of fallen trees
Get trees off power lines
Get trees off houses

I think you don't know me at all, and I know you are wrong. If you own the house then have at it, if you rent/lease it's called "cya" Cover Your Ass. Don't go "out on a limb" if it means more trouble for you, and not at the landlords expense.