Who is responsible for the cost of replacing a broken glass in a sliding door if it was caused by a branch falling?

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Who is responsible for the cost of replacing a broken glass in a sliding door if it was caused by a branch falling?

A storm caused a large tree branch to fall and it broke the glass out of the sliding door. My landlord is trying make me pay for the damage even though it was not my fault; it was an act of nature.

Asked on April 17, 2011 under Real Estate Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Tenant's are typically only responsible for any damage that they themselves cause.  The landlord should pay to have this fixed without passing the cost on to you as you were clearly not at fault.  This would be considered to be an "act of God", and therefore the landlord's insurer should pay out on any claim that is filed.  If your lanlord insists on charging you, this might well become a matter for small claims court.  So take pictures and gather any other evidence that you have if you need to file a case. 


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