Legal Question in Landlord & Tenant Law in New York

I live in an apartment in NYC. There is a tree on the neighbouring property that is completely overgrown and branches are now literally pushing up against my windows. Not only is this a nuisance because it restricts light and view, it is also letting insects into the apartment whenever I open the window. I've notified my landlord but my request has been ignored. Is there anything I can do to force either the landlord or the owner of the tree to trim these branches?

Asked on 5/28/10, 6:26 am

1 Answer from Attorneys

Yes, take matters into your own hands and trim the tree yourself, if you are able, or hire someone to do it. The owner of the tree will have to sue your landlord to get compensation; you are only responsible for the demised premises, but the tree only abuts and trespasses the building itself, which is owned by the landlord.

Should you be accused of destroying someone else's property, merely shrug and act ignorant.

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Answered on 5/28/10, 9:51 am

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