Re: Can I bill a tenant for tree removal - Landlord Forum thread 359872

Re: Can I bill a tenant for tree removal by Garry on October 24, 2019 @21:48

Thriver, you are barking up the wrong tree here. In my opinion, you have a less that 5% chance of the T paying for the removal. As I said in my first post, If the tree has been growing long enough for the roots to cause fence damage, it had to have been growing for several years. That means that YOU either KNEW about the tree, or SHOULD HAVE KNOWN about it, long ago. If you did nothing about the tree for the past several years, THAT'S YOUR FAULT. Once planted, it's YOUR tree, if you never said anything to your T the first year that it was planted. The same thing goes for the hedge----it would take several years for it to grow big enough to cause damage. My suggestion----eat the cost, and if you want the T to move, give him notice at the end of his lease to move. If you go to court, a judge is never going evict someone who is paying rent, but not willing to pay other costs you THINK they should pay.

About the rent control. I'm sorry Cal. or your city has it, but there is nothing you can do about it. You have to abide by the laws of your state or city, just like LLs all over the country do. If you don't like your LL/T laws, sell you property(s).
You said you hired a property management company. If they are not working out for you, fire them and either hire different one, or do it yourself. Even if you have a PM, remember, YOU own the property. YOU should take it upon yourself to visit your property and the tenant at least once per year.

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Re: Can I bill a tenant for tree removal by Thriver on October 25, 2019 @09:49	[ Reply ]

The property management company is working for me now, and they have been in business a long time. The tenant is being charged for this. His security deposit has never been raised up to what his current rent is, and it should be. If he refuses to pay this, guess what, his security deposit will be raised. It should be anyway, so I think I'll do that. It would be better for him to pay this & stop planting things to destroy my fence & stucco on the side of the house. I don't live near the property, so I wasn't aware he planted these things he never had the decency to keep trimmed back. Planting a tree that is poison is not a good idea. This tenant works in construction & knows plenty about trees, this will also work against him. I'm sure he will pay this, but as I said, if he chooses not to I won't be nice & keep his security deposit low. I have every right to raise it as most landlords do anyway when someone's rent has gone up over the years. I trust the property management company I hired, and I know they know what they are talking about. It will work out better if the tenant doesn't pay for this. The increase of his security deposit will cost him way more than paying for what he did without my permission. He took advantage of the fact I don't live nearby. You can act like you know everything, but sorry it seems you don't to me. I'll leave this up to the property management company I just hired. I trust what they said, and this is in the lease to not alter the property in anyway. Keep remembering, he actually planted a poisonous tree. This won't be going to court, you've got to be kidding me. If it did, I have no doubt of winning.

Re: Can I bill a tenant for tree removal by Thriver on October 25, 2019 @11:33	[ Reply ]

It doesn't state in the lease this depends on when the alterations were done on someone's property. It states it is not to be done EVER. Also, ever heard of DISCOVERY a legal term. I had no idea this was a poisonous tree he planted. That's very dangerous & could have easily poked someone in the eye. I have pictures of how it was hanging over the walkway & sidewalk. He could have at least trimmed it back since he decided to plant it without getting permission. The lease states a tenant must get permission. It shouldn't have been left for me to pay someone to trim back what he planted, or to keep a hedge he planted trimmed he never did. He had no right to take the hedge & wrap it up around the archway of the house to dirty up the stucco either. I bet my bottom dollar he wouldn't do this if he owned the house he's renting.