Philip Hello, Arborist License Arborist, SAM discussed on Olsen on Law
You can text at two one two three two text a question and I'll try to answer that as well all right let's get right back to. The phones and talk to Sam hi Sam what can I do for you Hi I have a a rental house and I'm renting it to a boyfriend and girlfriend or not married okay I'm wondering should I have a separate leads for both of them are just. On lease okay so you can put them both on the same lease that's not a problem that's very common to do that and then they would both sign, it and what that would. Do is make, them both liable for the responsibilities of. Paying the rent if one of them were to leave the other one would be responsible for the entire amount that's called jointly and severally liable that's a very common term. In a lease and. So the benefit of having them both on is. That it gives you the right if one of, them, were, to, leave to be able to pursue the other one for, the, entire rent the downside of doing that is that, if, you ever have to, addict now you've got two people that you. Have to, evict even if one has already left they're both on the. Lease, so. I mean it's it's kind of A trade off one would. Do one would do the trick but, you get the added benefit if you put both on the lease that you would be. Able to effectively look to either one of. Them for the full payment of the rent okay Sam I hope that answers your question this is rob Solomon right here in the Allston on law radio show we have a couple of lines. Open all you need to do to get yourself some free legal advice, is to get on board at eight four four two two zero nine six five our, next caller is Philip Hello. Phillip, what can, I do for you Well I have an overhanging tree the trees are good hundred years. Old it was way before the, property lines were in, the homes were built is overhanging the property of my neighbor my, neighbor's worried about I've had an an Arborist license Arborist trim out anything that was questionable and everything and he. Would like us to to remove the tree and. I, said you can remove what's over on your side if you, want is what what is my. Liability there if something about hurricane came in in one of my branches fell on his his carport all right well so you've so far you have. Stated, nothing, that is out of whack with. The law as I understand it to be and so as the tree. Limbs crossover the property line he affectively. Owns them so he can do with them. Asking wants and he can pay to have them taken down, and, you, can, pay to chop, up, and. Get them removed he owns. Those, limbs. From the property line forward now You're asking a. Little bit more than one answer the. Broader question you're asking which is the liability absent we got rid of the limbs overhanging his property he has, responsibilities for those so, the question is would you have, liability if the tree fell over and landed on, his car in the answer that question is whether or. Not you're negligent, or not so a perfectly healthy tree that. Blows over and ends up? Damaging some property there's no? Showing of your negligence in that case and so they'll be questions about who's insurance would. Cover it. Or, if insurance we cover it at all but as a question of tort law of of negligence law you're not giving any. Reason to believe that you're being, negligent contrast that with, the situation in which you have a dead old tree that's rotten, at the base in his leaning over his property and you're told if you don't do something about this somebody's. Gonna get hurt or something he's gonna get damaged. There There you can make a showing that you are being negligent you were informed you knew better you could. See the tree was was leaning in a certain direction and, there you do have responsibilities if the tree ever were to fall it there's no responsibility in the absence of that happening that's just, a tree if you want to take your chances you can, but if that tree would a and hurt somebody and, you knew better you would have. Liability for that Philip. Yes I hope that answers your. Question Thank, you Philip for the phone call this is rob.