What to do if during a storm, a large tree fell on my car at my rental and damaged it severely?
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What to do if during a storm, a large tree fell on my car at my rental and damaged it severely?
I rent the parking lot space as an addition to my apartment rent. In the previous year, the same tree broke a branch in a different wind storm that caused damage to my car. I warned the property maintenance and rental office about the tree being dead and that it would be a risk to other cars or people but they neglected to remove ir or do anything about the tree for over a year. Now that the same tree has completely fallen and damaged my car, is the landlord liable for the damages?
Asked on November 16, 2012 under Real Estate Law, New Jersey
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The landlord may be liable to you for those damages. Do you have proof of this notice to the landlord? Do you have emails, certified letters or responses back from the landlord or ageny indicating removal would not occur or simply proof the landlord received your notification? Do you have proof form the previous year's damage and from this year? If so, you stand a good chance of a claim against the landlord and the landlord's insurance company.
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