Legal Question in Real Estate Law in Georgia

LL wants me to pay $420 for fence damaged by fallen tree.

I had a 4 foot dog fence that was damaged by falling tree limbs. My LL wanted to raise the fence to six feet claiming my dogs were intimidating,labs. They are very loving dogs. She wanted me to pay half of the damages($400). She did not claim this on homeowners ins. She scheduled a Fence Co. to come on a Fri. I called with witnesses on Thurs. to tell her I am taking steps to move out and if need be remove my dogs in the mean time and to notify the Fence Co. there is no need for a larger fence. She ignored me, and is charging me $421 for fence. Can she do this?


Asked on 7/10/01, 5:24 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: LL wants me to pay $420 for fence damaged by fallen tree.

Unless your written lease (assuming you have one) provides otherwise, this is the LL's problem. The falling limbs weren't caused by the dogs. The fence was there when you moved in. LLs are responsible for upkeep on the property. Based only on the facts in your question, I think the LL has not legal right to charge you (the T) any portion of the fence repair. HCW

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Answered on 7/11/01, 3:12 pm


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