Rights and responsibities of renters for tree care

WCS99no1 · Dec 23, 2006

Hi everyone,

I rent a second floor apartment in Houston, TX. Right outside my window is a hardwood tree (can't tell which kind). It's between my apartment and the road, a major street in the area. Now the tree looks healthy and well maintained, but I am keeping an eye on it. Even though we missed the brunt of Hurricane Rita last year there were many trees down in my neighborhood. I saw a few houses with uprooted or broken trees leaning against them.

So my questions are:
1.) I assume that my apartment's head office is responsible for the care of all trees on the property. What rights to I have if I feel it's not being properly cared for and poses a hazard to my safety or my property inside the apartment?

2.) If I make a request to trim or fell the tree and it is ignored, would I ever have the legal right to hire a professional arborist myself to do the work?

3.) Do I have grounds to sue them if the tree falls and damages my property or injures me? Do they have grounds to sue if I hire an arborist to work on the tree without their permission?

I realize that these questions center more around Texas state law than arbor care, but even if you could lead me to a legal website or a lawyer that would answer my questions for free I would appreciate it. I read over my lease and I don't remember reading anything in regards to trees on the property.

Thanks,
Joel

RedlineIt · Dec 23, 2006

Your tenant insurance policy

Your tenant insurance policy covers you and your belongings from the hazards that are beyond your control.

A pipe breaks, flooding your unit, destroying your computer, piano and collection of fur coats, it's up to your tenants insurance policy to make it right, right?

And if you think the pipes are suspect, your right to intervene and hire your own plumber is, well, nonexistant. You don't own the pipes, not your business. Of course, you should complain about the suspect pipes, and document your complaint.

Imagine how well run the plumbing in your apartment building would be if every tenant hired a plumber to do as they saw fit.

It is exactly the same with your trees.

Your right to do anything to the trees, by yourself or by hiring someone else, nonexistant.

Your opportunities to alert your land lord to your concerns, unlimited.

Your right to have tenants insurance, priceless.

RedlineIt

elmnut · Dec 30, 2006

Call State Farm, 12.00 a month gets around 35,000 coverage.

treeseer · Dec 30, 2006

"these questions center more around Texas state law than arbor care, but even if you could lead me to a legal website or a lawyer that would answer my questions for free I would appreciate it."

You get what you pay for.

umpkin2:

You can hire an arborist to check the tree out and propose maintenance to your landlord. Get a better view of the tree than the one from your window. After storms it's natural to be scared, and easy to get paranoid.

Information is the antidote to fear, and provides peace of mind. Ken Six is a competent diagnostician. look in the phonebook under arborist.
.
“Risk” means danger, the possibility of suffering loss. The reality is, everything carries risk. A “defect” has been defined as a visible sign that a tree has the potential to fail. However, since every tree has the potential to fail, the questions of how visible, and how much potential, remain. Any harmless feature of a tree that looks unfamiliar to the inexperienced observer can be called a defect that creates a “hazard tree”, defined as a tree with an unacceptable level of risk to a target. The question is, what can be done about it?

All risks can be lowered (abated, mitigated, lessened), but when arboricultural options are not carefully considered and clearly communicated, the owners cannot make an informed decision. Quickly labeling “defects” and “hazards” can lead to the needless removal of valuable trees, when more conservative actions may have been more reasonable.

Basic tree risk assessment involves an objective, systematic review of the tree’s condition (good and bad), the site, and the exposure of targets. An experienced arborist can inspect a tree, assess in relative terms the risk of failure and the risk of harm, and describe reasonable actions that can lower those risks.

WCS99no1 · Jan 5, 2007

elmnut said:
Call State Farm, 12.00 a month gets around 35,000 coverage.

I already have renter's insurance through Allstate. I'll have to read the policy to see if I'm covered. I know I'm covered for hurricane damage, but only if the walls or roof of my apartment is damaged. I guess that means they won't cover water damage from storm surge...but then I have a second floor apartment.

Thanks,
Joel