Published: Sep 21, 2012 7:26 PM EDT

CAPE CORAL, Fla. - Robert Doerr has a large problem looming over his head.

"I called the city and they said there was nothing that they could do unless it causes damage or is on the ground," Doerr.

A tree on a neighboring lot is threatening to fall on his rented Cape Coral home. 

"I think it's a public safety issue that the main concern, that no one gets hurt and there's no property damage," he said.

Doerr says he contacted the man who owns the lot next door, but the owner said it wasn't his responsibility to cut the tree down.

"He thinks it's the city's problem from what he said and he didn't want to pay the removal fee," said Doerr.

But Cape Coral Code Enforcement told Wink News since the tree on private property, it's not their responsibility to take care of it either. 

The city says the owner of the lot has to remove the branches.

We brought the dispute to a lawyer. Mellany Marquez-Kelly says Doerr may have to cut the tree down himself.

"If it's going to affect his use and enjoyment of the property i would say to the extent of the branch is affecting that he could potential cut a portion of that branch off," said Marquez-Kelly.          

Doerr says he doesn't want to ake matter sinto his own hands.     

"I would fear that if I cut that branch the whole thing would come down because it's the only thing holding it up," he said.

Now it's a waiting game, to see if the property owner will pay for a professional to remove the tree.

Wink News did reach out to the property owner, but he did not responded in time for this report.