Legal Question in Landlord & Tenant Law in Florida

Landlord removal of Landscaping

I have a one year residential lease of a single family home with the option to renew for another year.My Landlord in the sixth month of the lease, without timely notice removed two large shade trees from the property. This action prompted the city to find him in violation of the local code. He was ordered to replace the trees, however these trees were on the southern part of the house and provided shade to the property.There is now two big unsoded holes in the lawn at front and back.Coming home now is like coming home to an eyesore.

The replacement trees will not provide such shade for several years. This has resuled in higher power bills and a substantial change in the appearance of the property both front and lakeside in contrast to the time the lease was signed.

Is my landlord liable for the difference in my power bill and can I receive a rent deduction for the lost of landscaping.


Asked on 6/21/04, 8:13 pm

1 Answer from Attorneys
Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: Landlord removal of Landscaping

Since the landscaping does not actually affect your enjoyment of living within the home, it will be difficult to pursue a claim against him. If your lease does not state that the trees or landscaping are to remain the same during the term, then there is not much you can do. In most residential leases all the walkways and landscaping are left to discretion of the landlord and unless they threaten harm or a potential risk to persons living on or visiting the property, the landlord is within his rights to modify the appearance of the yard.

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Answered on 6/22/04, 7:45 am


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