Legal Question in Landlord & Tenant Law in Missouri

I am a landlord (Missouri) as of one year ago. I rented out my house of 17 yrs (after my divorce). It is a 1/2 acre with 10 large maple trees throughout the property. The trees & house are over 50 yrs old. The issue is falling branches. Am I responsible for any injury or damage caused by branches falling? Also am I responsible for having these trees trimmed or removed if necessary.


Asked on 7/21/15, 12:06 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Missouri allows a lot of private law in leases. The parties are pretty much required to do what the signed lease says. If there is an issue that the lease does not address, there are defaults. Check your lease to see who is responsible for maintenance and upkeep. Sometimes it is listed as mowing and trimming. If the tenant is responsible for mowing and trimming, they may be responsible for trimming the branches. If not, then you are responsible for trimming and culling the trees. Regardless, I suggest you get or expand your homeowners or liability insurance to cover you for damage or injury from falling branches.

If you aren't sure what your lease covers, take it to a civil practice attorney in your area.

Good luck

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Answered on 7/21/15, 4:13 pm


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