Mrs Mungo Posted August 17, 2014 Share Posted August 17, 2014 The issue: The tenant normally pays a landscape company (recommended by the LL) to do yard work every other week. The company generally makes sure everything complies with the local HOA rules. The LL received a notice on the fourth from the HOA that there is a tree is touching the house and/or is too tall. The date to fix it or incur a fine is the fourteenth, but the LL does not forward the info to the tenant until the eleventh. Questions: 1. If the problem is that a tree is too tall and must be trimmed by a tree trimming company (regular landscapers don't trim trees over 25') and/or removed, who would generally pay for that? 2. If a fine is incurred because there wasn't time to take care of it between the time the LL forwarded the notice and the date of the re-check, who would you think should pay it? Quote Link to comment Share on other sites More sharing options...
bzymom Posted August 17, 2014 Share Posted August 17, 2014 Landlord for both questions, unless there is some unusual verbiage in the Lease. Quote Link to comment Share on other sites More sharing options...
Catwoman Posted August 17, 2014 Share Posted August 17, 2014 Landlord pays. Quote Link to comment Share on other sites More sharing options...
QueenCat Posted August 17, 2014 Share Posted August 17, 2014 Landlord should pay for both. Quote Link to comment Share on other sites More sharing options...
bolt. Posted August 17, 2014 Share Posted August 17, 2014 Yep, LL for both. That's no routine mainence, it's a change to the property, outside of the tenants scope. It's a home *owner's* association. Tennant keros things in good shape, LL makes any major changes. Quote Link to comment Share on other sites More sharing options...
bobbeym Posted August 17, 2014 Share Posted August 17, 2014 I agree it's the LL's responsibility for both. I'm a renter, and while I don't mind trimming the branches that overhang and block my driveway, we've called the LL both times we've had a tree leaning over the roof. Quote Link to comment Share on other sites More sharing options...
Cinder Posted August 17, 2014 Share Posted August 17, 2014 Agreeing this sounds like a landlord issue. Unless the rental contract states otherwise I wouldn't expect tree-trimming to be part of routine maintenance of the landscaping. Quote Link to comment Share on other sites More sharing options...
Alte Veste Academy Posted August 17, 2014 Share Posted August 17, 2014 1. Landlord 2. Landlord Quote Link to comment Share on other sites More sharing options...
Mrs Mungo Posted August 17, 2014 Author Share Posted August 17, 2014 Thanks, everyone. I am the tenant in this equation. The LL emailed me and asked me to take care of it. I don't think this falls under my responsibilities, *but* she lives out of state and doesn't use a property management company or anything. I don't mind finding someone for her who is willing to bill her, but I need more than 2 days to make that happen, kwim? Quote Link to comment Share on other sites More sharing options...
Myeightkiddies Posted August 17, 2014 Share Posted August 17, 2014 It still is not your responsibility to pay nor find someone to do the work. If she does not want to hire a rental management company that is her choice, but she will have to do the foot work that they would do for her. This means she needs to find the repair persons, hire them, and pay them. All you need to do is relay any messages (letters from the HOA that may have been hand-delivered rather than mailed) to her or let her know if contracted work was performed poorly. Quote Link to comment Share on other sites More sharing options...
FloridaLisa Posted August 18, 2014 Share Posted August 18, 2014 What does the lease say about lawn maintenance or repairs to the home? What does the lease say about the timetable for forwarding HOA notices? From the HOA perspective: The LL is on the hook for all of it as owner of record. From the LL and T's perspective: Depends on the language of the lease. If the lease is silent, you would look to any state law or past practice. What is the normal timetable for other notices in the lease? Lisa Quote Link to comment Share on other sites More sharing options...
justasque Posted August 18, 2014 Share Posted August 18, 2014 It might be worth a phone call to the HOA, to let them know you are working on it, to explain the scenario (out of state landlord, etc.), and to ask for more time to address the issue. The LL wouldn't know about the problem as they are out of state, and you are only aware of the stuff that's your responsibility, so this wasn't on either of your radar until the letter. I'm guessing that the recent hurricane scare has the HOA looking closer at tree/house proximity issues, which has triggered the letter. A phone call may stop things from escalating, and can clarify any specific concerns they have about the particular tree/house scenario to be sure you (collective you) address them properly. Quote Link to comment Share on other sites More sharing options...
AmyontheFarm Posted August 18, 2014 Share Posted August 18, 2014 It wouldn't hurt to call them and let them know that it's being worked on and ask for an extension. Quote Link to comment Share on other sites More sharing options...
OneStepAtATime Posted August 18, 2014 Share Posted August 18, 2014 I agree, the land lord is responsible. Call the HOA to explain the situation is being worked on but it will take time. Re-read your contract to confirm there isn't something weird about trees but this is not routine yard maintenance. The landlord is responsible. My mother is a landlord. She would definitely take care of this. Quote Link to comment Share on other sites More sharing options...
LucyStoner Posted August 18, 2014 Share Posted August 18, 2014 Landlord. Seriously, asking the tenant to pay for a tree service takes some serious nerve. That's a tad crazy in my book. Or did she mean you should take care of it and deduct it from the rent? Quote Link to comment Share on other sites More sharing options...
happi duck Posted August 18, 2014 Share Posted August 18, 2014 I can't get passed the idea that an hoa can insist on trimming or removing a tree for being tall! ack! Sounds like a dystopian novel! (Already a great song by Rush!!) Eta: I realize a tree touching the building can sometimes cause trouble. Quote Link to comment Share on other sites More sharing options...
Harriet Vane Posted August 18, 2014 Share Posted August 18, 2014 I am a landlord, and I have also rented many a house in my time (including the last three years before buying our current home). Definitely landlord on both counts. Most leases require routine maintenance, meaning mowing the lawn and weeding. Tenant does not have to deal with a big structural change to the yard like a tree. Quote Link to comment Share on other sites More sharing options...
Tess in the Burbs Posted August 18, 2014 Share Posted August 18, 2014 I'm choosing not to read other answers. I think the landlord is responsible here. Basic maintenance has to happen when owning a home. If the roof needed replacing he's responsible. If a tree is touching the house he needs to trim it back. Renters are responsible for basically not destroying the place, not doing the home maintenance in the ownership kind of way. Replacing pipes: landlord. Fixing sprinkler system: landlord. Replacing broken appliances: landlord. The tree is on the property and belongs to the landlord. So he has to maintain it. Trimming grass should be renters area. Not serious landscaping. And not forwarding the notice to renters? Um landord! Along with a loser sign. seriously, are they asking the renters to pay the fee b/c they didn't send the notice ?? I will say....I am moving to a new house and they are paying to have the lawn cut but we have to maintain the bushes. They are TALL and I will be paying the lawn care company to trim. Landlords are weird. In fact, my first thought was to tear it all out since I am responsible for the bushes...... landlords need to think through this stuff before renting Quote Link to comment Share on other sites More sharing options...
Alessandra Posted August 18, 2014 Share Posted August 18, 2014 Another things that sets tree trimming apart from lawn maintenance is liability issues should there be an accident. When I have tree work done, I don't skimp on hiring a good company with trained workers and proper insurance. As a renter, you would be in the middle -- you could be accused of finding an unsafe company or one that is too expensive. I would plead ignorance and stay away from this, except for a quick FYI call to HOA. Quote Link to comment Share on other sites More sharing options...
SproutMamaK Posted August 18, 2014 Share Posted August 18, 2014 I'm a landlord. All this is firmly on the landlord's shoulders. I get that she lives out of state, but that doesn't make major property work your job (let alone your expense). If she's unwilling to use a property management company while living far away from a property she owns, she needs to accept that trying to save money in that way is going to cause her some extra work at times. Quote Link to comment Share on other sites More sharing options...
PrairieSong Posted August 18, 2014 Share Posted August 18, 2014 We're landlords and take care of that stuff ourselves. If we lived far away we would pay someone else to do it. If the notice was because the grass was too long, obviously that is a different story because it's routine lawn care, but we trim trees and branches. Quote Link to comment Share on other sites More sharing options...
Tammyla Posted August 18, 2014 Share Posted August 18, 2014 I would look over the lease again, but imo it sounds like the LL is responsible. Quote Link to comment Share on other sites More sharing options...
TammyS Posted August 18, 2014 Share Posted August 18, 2014 The issue: The tenant normally pays a landscape company (recommended by the LL) to do yard work every other week. The company generally makes sure everything complies with the local HOA rules. The LL received a notice on the fourth from the HOA that there is a tree is touching the house and/or is too tall. The date to fix it or incur a fine is the fourteenth, but the LL does not forward the info to the tenant until the eleventh. Questions: 1. If the problem is that a tree is too tall and must be trimmed by a tree trimming company (regular landscapers don't trim trees over 25') and/or removed, who would generally pay for that? 2. If a fine is incurred because there wasn't time to take care of it between the time the LL forwarded the notice and the date of the re-check, who would you think should pay it? Landlord in both cases. This is not the tenants problem. The landlord shouldn't even forward the notice to the tenant, except to let them know the date the tree trimmers are coming, as a courtesy. Quote Link to comment Share on other sites More sharing options...
zoobie Posted August 18, 2014 Share Posted August 18, 2014 The landlord should handle it and call the HOA to get an extension. Quote Link to comment Share on other sites More sharing options...
Momof3littles Posted August 18, 2014 Share Posted August 18, 2014 Landlord. If she doesn't cooperate, familiarize yourself with LL/tenant laws in your state. No matter what's in a lease, they can't circumvent or make you responsible for things that are LL responsibilities per LL/tenant law in your area. I am not sure if this is the first or only issue you've had, but having dealt with a somewhat crazy LL a while back, just make sure to protect yourself. Correspondence via certified mail, take photos, dates, etc. for all documentation. At first we thought LL was pretty amiable but a little clueless. In time it became obvious that we needed to document everything very carefully. I say that because sometimes you just don't know, and it doesn't hurt to have everything on your end photographed, documented, dated, mailed via certified mail, etc. so that there is no "he said, she said" down the road. We ran into some crazy stuff as time went on, and having it all thoroughly documented, i's dotted, and t's crossed was extraordinarily helpful, as was familiarizing ourselves quite well with the LL/tenant law in our state. Quote Link to comment Share on other sites More sharing options...
KatieJ Posted August 18, 2014 Share Posted August 18, 2014 As a landlord, this absolutely is a landlord issue. I am out of state and by laws of that city, I have to have a property manager, but even if I didn't, it would never be a tenant issue. I can't even imagine asking a tenant to find someone to deal with it. Quote Link to comment Share on other sites More sharing options...
Mrs Mungo Posted August 18, 2014 Author Share Posted August 18, 2014 My lease has a generic statement about maintaining the yard and garden. But, I wouldn't expect that to extend to major stuff like big tree trimming. I don't think she's trying to be difficult, I think she sort of sees the yard guy as "our" yard guy, and I am here so I am an easy go between (she is from Australia, so she is often there visiting). I just wanted to double check and make sure I wasn't expected to pay. I thought it was weird she would forward *that type* of notice to me, since it doesn't deal with the lawn or anything. The HOA here is a huge PITA. When we first moved in, they sent her an email saying that we had left our trash cans out beyond the allowed time. The photo they enclosed wasn't even a photo of our house, it was someone else's house! Quote Link to comment Share on other sites More sharing options...
TranquilMind Posted August 18, 2014 Share Posted August 18, 2014 The issue: The tenant normally pays a landscape company (recommended by the LL) to do yard work every other week. The company generally makes sure everything complies with the local HOA rules. The LL received a notice on the fourth from the HOA that there is a tree is touching the house and/or is too tall. The date to fix it or incur a fine is the fourteenth, but the LL does not forward the info to the tenant until the eleventh. Questions: 1. If the problem is that a tree is too tall and must be trimmed by a tree trimming company (regular landscapers don't trim trees over 25') and/or removed, who would generally pay for that? 2. If a fine is incurred because there wasn't time to take care of it between the time the LL forwarded the notice and the date of the re-check, who would you think should pay it? Landlord needs to have tree trimmed in order to avoid HOA violations. Quote Link to comment Share on other sites More sharing options...
Momof3littles Posted August 18, 2014 Share Posted August 18, 2014 My lease has a generic statement about maintaining the yard and garden. But, I wouldn't expect that to extend to major stuff like big tree trimming. I don't think she's trying to be difficult, I think she sort of sees the yard guy as "our" yard guy, and I am here so I am an easy go between (she is from Australia, so she is often there visiting). I just wanted to double check and make sure I wasn't expected to pay. I thought it was weird she would forward *that type* of notice to me, since it doesn't deal with the lawn or anything. The HOA here is a huge PITA. When we first moved in, they sent her an email saying that we had left our trash cans out beyond the allowed time. The photo they enclosed wasn't even a photo of our house, it was someone else's house! I would investigate the LL/tenant law in your state then, or make some calls related to that. If it is outside your responsibility as a tenant, then it doesn't matter what she writes into the lease. If there's nothing in the LL/tenant law in your state that relates to something like your situation, it may be trickier to compel her to take care of it. It wouldn't hurt to read up and make some calls even if you don't need to use that information. Quote Link to comment Share on other sites More sharing options...
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