fallen tree

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fallen tree

tree fell on my car. I am renting this house. Tree is on the owner’s land.

Asked on June 24, 2009 under Real Estate Law, Arkansas

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The first step is to contact the landlord and explain the situation. You will also want to review the terms of the lease just in case it spells out situations such as this one. If not than you may want to address the issue by explaining to the landlord what happened and seeing what they offer as a solution.

Did you ever mention the tree looked dangerous? Was it old and decaying? Was there obvious damage to it? If any of these are a yes and the landlord knew of the risks and did nothing you will have a good chance of them paying for the repairs.

However, a falling tree is often considered an "act of God" and the property owneris not responsible. Without additional information I cannot give you a definitive answer either way but you can re-post additional facts or I  would advise getting an estimate on the damage than contacting a local attorney who may be able to contact the landlord on your behalf and attempt to get the damage paid for. Good luck


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