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Can I bill a tenant for tree removal - Landlord Forum thread 359817

Can I bill a tenant for tree removal by Thriver on October 15, 2019 @10:13

                              
A tenant planted a tree next to the fence that's tearing it up. It also ends up hanging over the sidewalk I've had to pay someone to trim back so someone walking by doesn't get hurt. it's been pointed out to me this tree needs to be completely removed, & that the roots are damaging the fence. This tenant is away on vacation now, so can I have the tree & roots removed & then bill him for this? Now unfortunately my rentals are under Ca. rent control, so even though I can't raise his rent for a year, can I at least remove the tree he planted & bill him for it? I know he's going to throw another temper fit when he arrives back home & see the tree he planted removed. He threw a big fit when I had to remove a huge tree in front of his rental that was tearing up the walking way & growing into the foundation. He doesn't care since it's not his property.
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Re: Can I bill a tenant for tree removal by Garry on October 16, 2019 @10:08 [ Reply ]
Just how long ago did the T plant this tree? I find it hard to believe that a tree planted in the past 5 years could grow roots big enough to start to damage a fence. If the T had permission from you to plant the tree, OR, you have known about the tree for several years, it is now YOUR tree. You own it, just as you own the house, and anything else that is attached to your property

YES, you can have it trimmed, or you can have it removed, AT YOUR EXPENSE, NOT THE T! Most state laws say that if a T replaces a light fixture, carpeting, doors, a shed, etc, or plants shrubs, bushes, flowers, trees ,etc. they become part of the property. Outdoor items MUST be maintained by either the T or the owner, for the good of the property, and the neighborhood.

My suggestion is that you wait for the T to get back from vacation, and BOTH of you go look at the tree and fence, and make a decision as to trimming the branches back again, and/or removing the tree (at YOUR expense). Show the T where it's damaging the fence, and if the tree is not TOO big, is it possible to get a nursery company to come and REPLANT the tree somewhere else? That cost should be born by BOTH o0f you, since it would benefit both of you.

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