Tree Removal on Rental Property: Landlord and Tenant Responsibilities
Updated 2025
On rental property, tree removal permits must be obtained by the property owner (landlord) — not the tenant. Tenants cannot legally apply for permits on property they don't own. Landlords have a legal obligation to maintain trees that present documented safety hazards, regardless of whether tenants request it.
Who Can Apply for a Tree Removal Permit on Rental Property?
In every U.S. city with a tree ordinance, the permit applicant must be the property owner or an agent authorized by the property owner. Tenants do not have standing to apply for tree permits on property they lease.
If you're a tenant who wants a tree removed:
- Document your concern in writing to your landlord (email creates a timestamped record)
- If the tree presents a safety hazard, specifically describe the hazard in writing
- If the landlord fails to act on a documented safety hazard, check your state's tenant safety laws — in many states, landlords have a duty to address documented hazards within a reasonable timeframe
- Contact your local code enforcement if the tree presents an imminent danger the landlord won't address
Landlord Obligations for Tree Maintenance
Landlords have a legal duty to maintain rental property in a habitable and safe condition. For trees, this generally means:
- Inspect trees regularly — especially after storms and at seasonal intervals
- Address documented hazards promptly — a written tenant notice of a hazardous tree starts the clock on the landlord's obligation to act
- Maintain permits — if a tree requires removal, the landlord must obtain the permit and arrange for licensed removal
- Document inspections — records of tree inspections and maintenance protect against liability in the event a tree causes damage
A landlord who receives written notice of a hazardous tree and fails to act within a reasonable period (typically 30 days for non-emergency situations) may face both tenant claims and government enforcement action if the tree later causes injury or damage.
Insurance Considerations for Rental Properties
Landlord insurance policies typically cover:
- Damage to the rental structure from a tree fall
- Liability if a tenant is injured by a tree the landlord knew was hazardous
Tenant renters insurance typically covers:
- Damage to the tenant's personal property from a tree fall (subject to policy terms)
- Not the rental structure itself — that's the landlord's policy
Key point: a landlord who had written notice of a hazardous tree and failed to act may face denied insurance coverage in addition to liability — insurers consider failure to maintain a known hazard as negligence.
Multi-Unit Property Tree Removal
For apartment buildings and multi-unit properties, tree removal follows the same permit process as single-family rentals — the owner or property manager (as authorized agent) applies. Large multi-unit property owners often retain a certified arborist on an annual retainer to conduct regular tree assessments and manage permits, particularly in cities with active tree ordinances like Austin, Portland, and Atlanta.
Frequently Asked Questions
Send a written notice to your landlord via email and certified mail describing the hazard with specific details and photographs. Keep copies. If the landlord fails to respond within a reasonable time (especially if the hazard is imminent), contact your city's code enforcement or urban forestry department. They can inspect the property and issue an order to the landlord. As a last resort in an emergency, most cities allow occupants to contact emergency services directly if a tree presents an immediate threat to life.
Typically no — "grounds maintenance" in a lease usually refers to lawn mowing, basic landscaping, and upkeep, not structural tree work requiring permits. Tree removal permits are a property-owner obligation in virtually all U.S. cities. Even if your lease attempts to transfer permit responsibility to you, the city's permit office will still require the property owner to be the permit applicant. Consult a tenant rights attorney if your landlord is trying to make you responsible for permitted tree removal costs.
Related: Do I Need a Permit? · Neighbor Disputes · Emergency Removal