Is a landlord responsible for damages to my car if an unsecured object falls on it during a windstorm?

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Is a landlord responsible for damages to my car if an unsecured object falls on it during a windstorm?

The lease agreement states they are not.

Asked on January 16, 2012 under Real Estate Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not the landlord is responsible for damages caused to your vehicle resulting from an unsecured object falling upon it during a storm depends upon whether or not you can prove that the landlord was negligent for not securing the item that fell and caused damages. Such a determination is made by the judge or jury.

In your situation, most likely you can bring a small claims action against the landlord for your claimed damages to your vehicle since the landlord is taking the position that under the lease he or she is not responsible for the damges you have.


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