Isn’t it the responsibility of the landlord to remove a fallen tree on the property as well as fix the house-related damage?

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Isn’t it the responsibility of the landlord to remove a fallen tree on the property as well as fix the house-related damage?

I’m renting a house from an individual landlord (1 year lease term). It’s not a GAA or NAA lease, it is 1 he simply wrote with no specifications regarding my responsibility for fallen tree/tree debris. 6 weeks ago a tree fell across the front yard onto the power lines, which ripped part of the right side of the house off (and also damaged the neighbor’s house) and has been laying across the yard ever since. I immediately took pictures and called the owner. I also have asked in writing. He has yet to remove it or fix the damage and says that I am responsible for removing the tree and debris.

Asked on August 30, 2011 Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In most residential leases the terms and conditions of the written lease control the obligations of the tenant to the landlord and vice versa absent conflicting state law on a given subject. In your written lease agreement for the unit you are renting, you state in the facts portion of your question that you would be obligated for "fallen tree/tree debris".

If you signed the lease containing this provision, you are contractually obligated to remove the fallen tree on your rental at your cost unfortunately. Had this provision not been in your rental agreement, it would have been the landlord's responsibility to clean of the tree at his or her cost.


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