If I live in an apartment complex and a tree just fell through my window, what canI do?

I think the tree was not on the complex’s land and my landlord is removing the tree and it seems they are going to pay for the window to be fixed. But, I was wondering if there is anything I should do besides take pictures? Should I take action against the people who own the land where the tree came from? The land is an are just bought and cleared for more apartments to be built.

Asked on March 7, 2011 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the landlord is removing the tree, and if he's going to fix or  replace the window, then what action are you proposing? The legal system is designed first and foremost to compensate people for their losses; if you did not suffer any losses other than the cost of removal and the cost of a window and the landlord is picking those up, there's nothing to sue for. Certainly, if your property was damaged or you were injured, you may wish to sue; otherwise, take pictures and document everything in case you should need the evidence or documentation in the future. If you're fortunate enough to have not suffered any losses, though, once the landlord fixes matters, that should be the end.


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