Can I sue the management company at my rental complex if my car is being damaged by falling debrisand they will do nothing to help?

I have damage on my car cause by acorn and property management refuses to relocate my parking spot, trim the tree branches, or do nothing at all to relive the situation.

Asked on September 23, 2010 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You might not be able to sue them for damage done prior to you putting them on notice, though you may have a case for  damage done after that.

The issue is this: liability generally depends on "negligence," or being unreasonable careless or not taking reasonable steps to discharge a duty or obligation. Prior to you putting them on notice thhat there was a problem, they might not have been negligent--it may have been reasonable for them to not have know your car would be damaged. However, after you've put them on written notice of a problem with a spot they assign to you, if they don't take actions at that point, they are probably being unreasonable and negligent.


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