Is a landlord's failure to remove a dead tree that is creating a risk a ground to break a lease?
Question Details:
A huge portion of a tree on our property fall back in August. The tree is dead and we have reported this to property management and landlord in writing, in person, and verbally. The tree in question stretches both over the house and the driveway where we park our vehicles. Nothing as been done to remove this tree and I constantly fear it will fall on our vehicles or the house. The bedrooms are upstairs and this is where my children sleep. Can I use this issue to break my lease without being penalized.
Possibly. You should give the landlord notification of a deadline by which it should take care of the problem and indicate in the notice that if the issue is not taken care of by the deadline it is your intention to consider the landlords failure to remedy the problem a breach of the lease. Without knowing more about the lease or the length of your lease term, I would recommend that you consult with a lawyer to assist you with this problem.
Thanks for the email in relation to your intesting case. My firm Dailey Law Firm PC of Royal Oak Michigan www.daileylawyers.com has handled many cases like yours. We have achieved a great many successes for our clients facing similiar legal challenges.To give you specific information as to your options I would have to review the lease. It is likely that there is a provision by which you can declare the lease terminated but even so you will have a risk that the landlord will sue you and make you hire a lawyer to defend.
If you would like more information please contact me Brian Dailey www.briandailey.com at my phone number 866 66LAWYER. Dailey Law Firm PC of Royal Oak Michigan offers to all clients a free initial consultation. You can also log onto to my legal talk radio show website www.thelawshow.com and listen to one of the many interesting pod casts in a variety of areas of law. You can also tune into the law show every Sunday from 2:00 PM to 3:00 PM on News Talk 760 WJR AM the Great Voice of the Great Lakes. You can also live stream the law show from www.thelawshow.com/live-video. Thanks again and I look forward to meeting you and assisting you in achieving your legal goals. Good luck Brian Dailey
