In our lease we are responsible for yard maintenance, would that include the 18 palm trees that are 20 feet high?

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In our lease we are responsible for yard maintenance, would that include the 18 palm trees that are 20 feet high?

A landscaper advised me that it’s an AZlaw that anything over 12 feet in the yard is the owner’s responsibility to maintain. Is that true?

Asked on September 9, 2011 under Real Estate Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

For information on specific statutes in your state that relate to the rights and liabilities of the gardening, it is best for you to consult with an attorney in your area. They will know the law best. Now, does the lease define what "yard maintenance" is by any chance? I would assume that the contract would expect that you should be reasonable in the maintenance and that it would not expect that you should have to do anything that would really be under the purview of the owner. And if something has to be done that would be really expensive with the trees I would assume that you would need to advise the landlord in writing as to the issues.  Good luck. 


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