If A Tree Falls On A Tenant’s Car Is The Landlord Liable?

MORE OFTEN THAN NOT, TENANTS ARE RESPONSIBLE FOR THEIR OWN PROPERTY WHEN SOMETHING GOES WRONG

Insurance related issues can be complicated and a bit uncomfortable when something goes wrong and you think someone else might be to blame. When there are questions about responsibility for damages, the best thing you can do is reach out to your insurance provider. With that in mind, storm season is upon us and as some of our clients in Rhode Island and Massachusetts recover from a recent tornado that touched down, it seemed an appropriate time to pull this video out of the archives.

SETTING THE SCENE

A tree growing on the landlord’s property falls on a tenant’s car while it’s parked on that landlord’s property. The tree belongs to the property owner as does the designated parking spot where the tenant parked. It seems that there’s nothing the tenant could’ve done to prevent this...but similarly, there’s not any blame that can be fairly assigned to the landlord either. While he or she made decisions that led to this result, they unfortunately (for the tenant) are not liable. Regardless of the amount of damage done, the tenant is responsible and would need to file an insurance claim through their vehicle’s insurer. In most cases, these are situations where the homeowner had no control over these circumstances. He or she cannot be held liable for “acts of God” or other freak accidents even though they might occur on their property.

LEARN MORE: AT THE END OF THE DAY, TENANTS ARE THE ONES LEFT HOLDING THE BAG

WHERE THIS WOULDN’T BE THE CASE

There are, of course, a couple exceptions to the rule. If a tree has been identified as dead, diseased, or damaged then the property owner could be liable. Tenants should be sure to inform their landlord or property manager if they notice any trees or limbs that may be dead. If the owner fails to act he or she could then be held liable for the damages and would be responsible for filing an insurance claim themselves.

LEARN MORE: INSURANCE PREMIUMS ARE OUT OF CONTROL

A LITTLE MORE ABOUT INSURANCE AS A TENANT

Although it’s a bit different when it comes to automobiles, because of legal mandates to have insurance, the logic behind insuring your car should apply to your other assets: you don’t want to have to rely on someone else should something dramatic or costly occur. If you’ve ever been in a car accident with someone who was illegally uninsured or more likely underinsured (many state minimum standards are not enough to cover major damages) you know how awful it feels when the reality of your situation is far from what the expectations were.

Similarly, when it comes to your tenancy, you don’t want to blindly rely on the property owner’s coverage. Yes their blanket coverage will cover many accidents but without renters insurance you’re on the hook when it comes to your personal belongings. As a tenant, you’re a bit more vulnerable and you need to be fully informed about where there might be gaps and/or liabilities in your coverage.

Nexus manages over 1000 units across New England and Arizona and have worked with some great insurance brokers over our decade in the rental property world. Here are several you can start with:

CONNECTICUT: Trager Reznitsky Insurance

BOSTON METRO, MASSACHUSETTS: H&K Insurance Agency Inc.

RHODE ISLAND: Chatterton Insurance, Inc.

SOUTHEASTERN MASSACHUSETTS: The Lapointe Insurance Agency

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Mick Lefort is the General Manager of Nexus' New Haven County Franchise Office and the Vice President of Operations for Nexus Property Management®, a National Property Management Franchise that manages all types of rental property from single family homes or condos to large apartment buildings and complexes.

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