Legal Question in Landlord & Tenant Law in Florida

tenant refuses to pay rent

Our tenant is refusing to pay her rent unless we trim an oak tree near the house. Who is responsible to maintain trees. In the lease she is responsible for the lawn and shrubs.


Asked on 9/20/07, 6:23 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: tenant refuses to pay rent

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

To give a definitive answer, an attorney would have to review the exact language of the lease. Based on what you wrote, at first blush it would appear that the tenant might be, however an argument could be made that the lease states that the tenant is responsible for lawns and shurbs (only) and you are responsible for trimming the tree. Why not try to resolve it by sharing the cost and both of you avoiding the acrimony over this dispute?

Scott R. Jay, Esq.

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Answered on 9/20/07, 7:45 pm
David Slater David P. Slater, Esq.

Re: tenant refuses to pay rent

you are

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Answered on 9/20/07, 8:05 am


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