Legal Question in Real Estate Law in New York

Re: Tenant cuts tree branches

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

Having said that much, I expect you can get damages from him, assuming the tree was in good condition beforehand, and assuming you own the tree and the property. Look carefully at your lease with him, or if no lease, look at a blank form release which is similar to what an oral lease really is. You will also need at least one or two experts to tell you what your damage is. Then make your decision about suing, withholding security, evicting, or other potential remedies.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel

Attorney at Law

516-312-9900