Landlord asking me to cut down trees.

[Eph512mom]

Jurisdiction

Tennessee

I live in TN in a privately owned house on a small lot.
My original lease (2014) states tenant will mow grass. Newest lease terminology includes "maintain yard and mow grass"
I had a verbal agreement with landlord in the beginning of my tenancy that I could have trees/gardens on the property. I have several trees that popped up in the first couple of years that I let grow that are now large trees and one apple tree that I purchased and planted.
Recently my landlord has demanded that I cut them down and dig out the roots. I have received many messages from him or his secretary about cutting down the trees. To comply with his demands, I would have to pay a professional service to do so, which I am unwilling to do (he's raised my rent over 50% in the last 2 years and has failed to fix major problems in my tenancy and yells at me when he does fix things.) I also unexpectedly lost my job back in February, so the financial ability to do anything about the trees is just not going to be there for some time.

My question is - Does he have the right to demand I cut down the trees? Advise on how I can navigate this situation?

 

[army judge]

Does he have the right to demand I cut down the trees? Advise on how I can navigate this situation?

You start by THOROUGHLY familiarizing yourself with your WRITTEN lease.

I doubt that your landlord (or any landlord) has the ability to require a tenant to do anything more than lawn maintenance.

However, if you refuse, I doubt that your idiot, tyrannical landlord will renew your leasehold.

If I were you, I'd be searching for my next rental opportunity incessantly!!!

 

[adjusterjack]

Does he have the right to demand I cut down the trees? Advise on how I can navigate this situation?

You cultivated the trees, they are your responsibility.

If the trees or roots are becoming a hazard (his opinion not yours) he can enforce the demand by evicting you and seeking reimbursement for any costs he has to incur.

(he's raised my rent over 50% in the last 2 years and has failed to fix major problems in my tenancy and yells at me when he does fix things.)

You should have moved out long ago.

 

[Red Kayak]

If you mowed all the lawn consistently, the volunteer trees wouldn't be there. (Norway maples, for example, are easily eliminated when they are under 6 inches tall. They're very invasive where I am, in the Northeast. I've easily pulled up over 100 this week.)

While you had a verbal agreement about trees, perhaps the issue is your respective interpretations (and memory) of the agreement. Your landlord may have thought you were planning on just planning planting a couple of cute ornamentals (apple blossoms are pretty in the spring), and not a disorganized thicket of [whatever invasive trees are there].

It's his property, not yours. He can request that going forward that you "maintain the yard", whatever that means. And you can choose to sign a lease with that clause in it, or you can negotiate what exactly "maintain the yard" means. Or you can agree to disagree and move.

There are products like Stump Out that supposedly can be used to remove stumps. It takes a long time for most trees to grow big enough to require more than a lopper to cut.

 

[Eph512mom]

Update and follow up questions: I bought a pole saw and began cutting down the trees. And I'm looking for a new place to live.

I make considerably more money now... but I do have a couple follow up questions to foresee what I might have to deal with when I move. Or if it is smarter to do something about them before that. I have till the end of the year on the current lease.
Particularly concerned about water damage in the basement. It has leaked when it rains hard since I moved in (10 years ago) and as most would know, water issues are progressive. The water flows into a big pile of insulation that he left in the basement that I asked him to remove and he never did. I notified my landlord when it first rained (it was only a few drops then) but I don't have proof of that. I've also mentioned and pointed it out to his employees a couple of times (he owns a construction company) I do have proof that there was a professional inspection of the property (it was for either insurance purposes or an appraisal, I'm not sure which) a few years ago, as well as I can prove that he neglected water related issues that I could not withhold rent over. The sump pump failed and the basement flooded. I notified him immediately but he didn't do anything. After a month of my basement sitting flooded I called his assistant and she was able to get it replaced. There are actually many things in this house that never got fixed because he neglected to respond to me over the time I've lived here. And several things I just never bothered to mention and work around because he yells at me (and I have a cat in violation of my lease - it was either get a cat or spend the rest of my life dealing with mice living in the walls and the stove. Yes, the stove.)

I'm wondering if I should nag him to fix all these things so that he has to do it before I move out or wait and see if he tried to sue me for it after I leave? Any thoughts?

 

[adjusterjack]

I'm wondering if I should nag him to fix all these things so that he has to do it before I move out or wait and see if he tried to sue me for it after I leave? Any thoughts?

Yes.

You should have been notifying him IN WRITING, and taken dated photos, each and every time something went wrong with the place. And I hope you have dated photos and a written move-in inspection from when you moved in.

Anyway, make a list of your complaints, take dated photos (you phone camera can do it) and send written notices from now on.

This may seem like overkill but it's necessary. Send your notices certified mail return receipt AND send it first class mail with delivery confirmation - no signature AND email.

Make back up copies of everything and store then in safe places.