Who is responsible for decayed tree falling and causing property damage, the landlord or the tenant?
Question Details:
I rent a house and in my fenced in frontyard was a huge willow tree that was decayed, fell over and landed on my car causing damages. The homeowner's insurance says they are only paying 50% of value for salvage. Is my landlord responsible for damages since the insurance company found negligence on his behalf?
Real Estate Law Answers
Well the insurance company is not a judge, but if the owner knew or through exercise of reasonable care should have known that the tree was decayed and in danger of falling, then yes, he has liability for damages caused when it fell. Of course if it was so obviously in danger of falling, then you may have contributory negligence for parking your car under it.
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