Q: Liability for neighbor's tree falling on rental property in Ohio?

A: If a tree (or limb) from a neighboring property falls and causes damage—whether to the structure, yard, or a tenant's personal property, liability usually depends on whether the neighbor was negligent. That means if the tree was healthy and fell due to a storm or "Act of God" (high wind, lightning, etc.), your neighbor is not usually liable.

However, as seems to be the issue in your situation, if the tree was clearly dead, diseased, or dangerous (especially if you alerted them), and they failed to take reasonable action, they may be liable for resulting damage.

As the landlord, your legal responsibility would depend on your duty to maintain safe premises for your tenants.

You are not typically liable for damage caused by your neighbor's tree unless you knew (or should have known) of the danger and failed to take steps to prevent foreseeable harm. However, if the tree was obviously dangerous (e.g., large dead limbs hanging directly over the home or walkway), and you failed to take any action (e.g., trim overhanging limbs on your side or warn your tenants), you might be found partially liable, especially if injury occurs.

If a tenant’s personal property is damaged, that's usually not your responsibility, as tenants are generally expected to carry renter’s insurance for their own belongings. But if your negligence contributed (e.g., ignoring a known hazard), they might try to hold you accountable in a suit.

Trim overhanging branches on your side of the property line. In Ohio, this is allowed—even if the tree is rooted on someone else's property—as long as you don’t harm the health of the tree. You did the right thing by alerting them in writing; you can't force them to respond, but you can take reasonable steps to protect your tenant's property (and your house). Document everything: your letter, photos of the tree, past fallen limbs, etc. Take pictures that are clear of the tree in multiple positions, in case an arborist needs to take a look later on.

Follow up with certified mail to the neighbor, restating the concern and requesting action. Mention that a prior limb fell and no response was given. Consider a letter from an attorney if the tree appears to pose a serious danger. Finally, it's a good idea to notify your homeowners insurance carrier so they are aware of the situation up front; they may provide guidance or send an arborist out to evaluate. That way you aren't doing all of that retroactively, after something has already been damaged.

Finally, it's worth looking at your local ordinances regarding tree limbs/property care; not all municipalities have this, but if they do, it will usually be along with the fence and neighboring property rules re setbacks. Best of luck to you.

A: As a landlord, you may have some liability if the neighbor's tree falls and causes damage to your tenant's property, but this depends on several factors. In general, property owners are responsible for maintaining their trees and preventing potential hazards to neighboring properties. Since you've already sent a letter to the neighbor about the tree, you have documented that you took reasonable steps to address the issue.

If the tree falls and damages the rental property, your homeowners insurance might cover the damage, but this may not address the liability for any injuries or damages to your tenant’s personal property. In Ohio, you could potentially pursue the neighbor for negligence if the tree was in poor condition and the neighbor failed to take action after being notified.

It's important to review your homeowner’s insurance policy to see what it covers in situations like this and to ensure that your tenants have renters insurance to protect their personal property. If the situation escalates, you may want to consult with an attorney to discuss any potential legal action against the neighbor and your options for recovering damages.