Help with Legal Questions about Rent and Maintenance

Questioner

My parents have been renting a house (corner) for over 28 years. In the backyard there is a huge birch tree that was already there before they moved in. In the beginning my father pruned the birch tree sometimes but at a certain point it became too much and too heavy. For the past six months neighbours have asked if the tree could be pruned and complained to the housing association. Now two tree experts have been there and both do not want to prune because this is not in the tree's favour and the tree already poses a risk because it is sick. We have submitted the matter to the housing association and my parents initially had to pay for the costs. After further consultation they want to offer leniency by paying half of the costs. They state that my parents are in default by not maintaining the tree. They also indicate that they are legally within their rights. My question is whether this is correct and what steps my parents can take next. Removing a tree of 18 meters high is in my opinion no longer considered minor maintenance and these costs are therefore not for them.

Lawyer

Your parents are not a party to this case as tenants, the birch is now the property of the housing corporation by accession. This is a case between the owner and the neighbors. The costs for cutting down the tree are for the account of the owner, the housing corporation. I advise your parents to do the easiest thing in this case, which is nothing. Your parents may be eligible for subsidized legal aid. They can contact one of the lawyers on this website, a legal aid clinic or law clinic in their area or Het Juridisch Loket (0900 8020) or: http://www.juridischloket.nl/Pages/default.asp

Questioner

The tree lost a branch in a storm two weeks ago and damaged the roof of the neighbour's shed. My parents have no objection to the tree being cut down because it is now a danger. The housing association also wants something to be done about it. Pruning is not an option because it is not in the tree's favour and it will then become an even greater danger. A felling permit is not required in the municipality where they live. The housing association now wants to have an expert come and have my parents pay half of the costs due to negligence.

Lawyer

Answer explained