Property damage

[CSO286]

What is the name of your state (only U.S. law)? MN

I rent a house in MN.

There was a terrible storm last week that broke the top of a 75 year old pine tree and dropped it on my garage in the middle of the night. I honestly thought it was the thunder that shook my house. Funny, huh?

Anyway, I let my landlord know what had happened as soon as was reasonable the next morning. She said she would be over later that day to take a look at the damage. (IMO, surpisingly little damage, all things considered!!)
I had to run my child out to my mum's and so was gone for a couple of hours, during which time I believe the LL was to the property and gone.

I haven't heard from her regarding the removal of said tree chunk or garage repair. It's too big for me to just pull down from the roof (it's kind leaning on and off the roof at an angle, I could possibly use a rope and give a good pull and get it all on the ground, but, I'd be afraid of causing any additional damage.)

It's been nearly a week, so how long should I wait before giving her another call to find out when someone's going to come over and get rid of the tree?
And, because I am slightly paranoid--Would I be liable for any of this?

 

[justalayman]

is there some reason you haven't called yet? If you had a lot of tree damage in yuor area, it might be that all the tree service companies are simply busy.

 

[Antigone*]

What is the name of your state (only U.S. law)? MN

I rent a house in MN.

There was a terrible storm last week that broke the top of a 75 year old pine tree and dropped it on my garage in the middle of the night. I honestly thoguht it was the thunder taht shook my house. Funny, huh?

Anyway, I let my landlord know what had happened as soon as was reasonable the next morning. She said she be over later that day to take a look at the damage. (IMO, surpisingly little damage, all things considered!!)
I had to run my child out to my mum's and so was gone for a couple of hours, during which time I believe the LL was to the property and gone.

I haven't heard from her regarding the removal of said tree chunk or garage repair. It's too big for me to just pull down from the roof (it's kind leaning on and off the roof at an angle, I could possibly use a rope and give a good pull and get it all on the ground, but, I'd be afraid of causing any additional damage.)

It's been nearly a week, so how long should I wait before giving her another call to find out when someone's going to come over and get rid of the tree?
And, because I am slightly paranoid--I'm not at any liability for this, right?

Don't do anything on your own. I'd give her a call today and ask her nicely what you can expect to happen and when. You are not liable for this either

 

[CSO286]

My LL is an elderly woman who takes care of an even "elderly-er" (lol) mother. I was trying to be patient.
I kind of figured she'd give me call at work to let me know when to expect the tree people.

Oh, and thanks for the advice!!

 

[CSO286]

Update

After I called my LL regarding this, she let me know that she hadn't heard from the insurance adjuster about him coming out to take pictures, and that she felt the tree could not be removed until after that. I mentioned to her that I had taken several (after all, how often does a tree fall on your house?).
I don't think she was all that thrilled about it.
I asked her when I might expect someone to come and remoive this tree, and she said that she would be contacting her person this weekend. We're looking at over a week now, and I'm concerned since I'm picking up my daughter from Grandma's and that the kids in the neighborhood might not respect property lines to check out the "tree on that lady's house."(I don't know any 100% obedient children. *sigh*)
I've already chased a handfull of my kids away--and that is when I'm not at work.
I mentioned this to LL in hopes it would spur her to action.
If I were to contact a tree service to have this removed and paid the bill on my own, could I submit it to her along with the difference in lieu of rent? (ex tree service --$350, rent is $490, I paid the bill, submit paid invoice and $140 as rent).

 

[atomizer]

You need to listen to your LL and stay out of the way. Do not expect to get compensated for the tree removal and do expect to get yelled out for interfering. The insurance adjuster needs to examine the area where the tree fell and you will make his job difficult by removing the tree. Deducting from the rent may just cause your LL for file for eviction. In addition, if the tree removal people cause additional damage, who do you think is going to be held liable?

 

[Who's Liable?]

Write a letter to the LL stating they are in violation of MN LL/T (566.18(6)(a)), send the letter CRR, wait for it to be delivered, than you may call the local building inspector.

Waiting anything longer than a week for repairs is too long. Also include in the letter that the LL is at risk of any personal injury suits that may arise from the failure to remove the tree in a timely matter, and you will not be held responsible for the LL's failure to act in a timely matter.

 

[atomizer]

As was previously pointed out local contractors are all busy cleaning up after the storm. Regardless of what you do, the only people that will be willing to help with the tree removal are unlicensed workers with no liability insurance. If one of them gets hurt while attempting to remove the tree both you and your LL will be sued. The city knows of the delays and a code inspector will only remind you that your's is not an isolated incident. Besides, all they can do is give the LL a deadline by which they can remove the tree. By that time, the tree would have been removed regardless of your participation. In the meantime, your LL will not forget your interference. Just suck it up and wait for the insurance adjuster to complete his or her assessment.

Don't mess with old female landlords, they have elephant memory and will get even

 

[CSO286]

Thanks for the advice. I do appreciate it.

 

[FarmerJ]

If your in a smaller town perhaps you can ask her if any of the older people she knows knows of someone who can use a tractor and chains and pull it down that way ? rather than waiting for a tree service? Its not hard to do , yesterday am the storm that rolled thru my area crashed a tree that was over 100 yr old it broke into 3 where it hit the roof of the house and broke one more time lower , used my tractor and chains to pull the one part off the roof and to pull the rest away. At this point pretty much all who were curious have seen it and its the LLs liability for any injury of third parties.

 

[Searchertwin]

You all are missing the point except for Atomizer. You have to WAIT for a insurance adjuster to adjust the damage. NO, you cannot remove the tree yourself and deduct from rent. I am sure it is not causing you any living space nor hindering you living there except for nosy neighbor children and she will have to face the music if something happens, unless you turn your nose up and don't tell them to go away, than you are at fault also. Do what is right here..Give her time, adjuster the time, time for people to remove the tree, and keep children out of the yard. Writing a letter will not get it done any faster since it was a widespread storm/damage to area. Use common sense here. I agree with Atomizer, "Don't mess with old female landlords, they have elephant memory and will get even".