A tree that was never known by anyone including the tenant, or the landlord, to be considered a “hazard tree” prior to a windstorm, later falls and does no damage. This tree was neither planted by the current tenant, nor the community.[1]
Question No. 1. Given that there was no negligence by anyone, is the damage done by the windstorm considered an Act of God?
Question No. 2. With the tree now uprooted and lying on the ground, does it now present a hazard or meet the definition of a “hazard tree” thereby shifting the obligation to “maintain” a hazard tree to the Landlord?
Question No. 3. Does maintaining a tree include tree removal?
Question No. 4. Who is legally responsible to pay the expenses associated with the disposal of the tree?