Legal Question in Landlord & Tenant Law in Missouri

landlord tennant law

I have a lease with a management company. They have said that the huge tree in our backyard that was damaged by our ice storm in january is our obligation to have it cut down.They said it is in the lease. The lease says i am to mow the yard and trim the trees. An expert tree service said the tree needs to come down. Am I legally obligated to cut it down. If it breaks in parts and takes out my neighbors fence am i legal for fixing her fence? Thank You


Asked on 3/30/07, 9:20 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: landlord tennant law

If the lease says "trim the trees" that is routine maintenance. Having the tree removed is not. I would tell them that you are more than willing to have the tree taken out by a professional, but that you'll have to deduct the amount from the rent. Give them a deadline, and send them a certified letter. If they do not act, get the tree removed and deduct it from the rent. Keep good records. If they sue you in small claims court for the rent, you'll have a valid defense because the tree created a hazard to life and property.

Also keep in mind that if staying in this house is important to you, all of the above will really tick off the landlord, so if you want to stay there, you may want to consider a different approach and just pay for it yourself.

Sometimes the law is a really imperfect remedy. The landlord does not have to renew your lease, and if you make him angry, my guess is he can evict you for pretty much any reason. So if you are in doubt, a good idea would be to have a lawyer look at the full text of the lease and give you an opinion in writing.

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Answered on 3/30/07, 9:35 am


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