Who is responsible for weather damage to a car – the tenant or the landlord?

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Who is responsible for weather damage to a car – the tenant or the landlord?

Last week, we had really bad weather where it was extremely windy. I live in an apartment complex and parked my car in the community parking lot. Right in front of the parking lot is a pool which is surrounded by an approximately 6 foot gate. During the storm, the parasol (the large sun covering umbrella) flew over the gate and hit my car. The parasol completely shattered my driver’s side window and did bodily damage on my door and the panel to the trunk. The office manager for the apartment says that because it was weather hazards that they are not responsible for the damage.

Asked on May 14, 2012 under Real Estate Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The landlord won't be liable for the storm damaging your car.  The landlord's insurance company will claim that the landlord is not liable because the storm is an act of God.

You can contact your auto insurance company and if you have comprehensive coverage on your policy, that coverage should pay for the cost of repairs to your car subject to any limitations in the provisions of your policy.  Your auto insurance policy might also provide you with a rental car while your car is being repaired.  Again, whether or not your insurance company pays for these items depends on the provisions and limitations in your auto insurance policy.


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