If I rent a house to someone and a tree in the front yard falls and crushes their car, am i responsible?

Question

The renters car was in the driveway and a big tree blew over(tree was dead) and crushed the back of the car.

Answer 1

Yes, as the owner you share responsibility. A landlord should provide a safe enviorment to his or her tenants. If the tree was dead and in need of removal I would work something out with the tenants quickly (knowing the tree was dead, and doing nothing is negligence).

If the tree was known to be healthy and a freak storm blew it over (are other limbs or trees damaged on your block?) then simply file it through your homeowners insurance policy.

Remember that the law seems to be more tenant friendly. landlords are only helped when you have a BAD tenant. The law gets pretty harsh on landlords that seem to be slumlords.

Protect yourself first. If an agreement cannot be made with the tenant, then consult an attorney. Oh when negotiating, be pleasant, and do not threaten eviction or other similar courses of action.

Answer 2

Likely not.

My wife and I manage our small apartment complex and had somthing similar happen to us.

The only way you can be held liable is if the tree was obviously long dead AND it can be proven that you knew that it was going to fall down. High hurdles to clear for a potential claimant in court. (see "reasonable person doctrine").

They should have had renter's insurance.

In the future, I would recommend, however, that you clear any obviously dead trees from your properties, to avoid such things.

You should also check the terms of your lease as well. If you use a standard type lease, it probably has a clause in it that very specifically holds you not liable in such cases.

BUT

You should probably spend a few bucks to simply ask a lawyer about this to get a better answer. Different states have different laws.

AND

Ask your insurance company about this matter, if you have insurance. They would likely also be a in a good position to know about such things.

Answer 3

What ME2029 says. Generally, the owner of property on which a tree is located is NOT responsible for damage if it falls or blows down. It is considered an act of God. However, if the tree was damaged, dying, or there was reason to know it was in danger of falling, then the landowner has a duty to remove the danger or s/he will be liable for the damage. You should notify your insurance company & the tenant should notify theirs & let the insurers work it out.

Answer 4

I worked in the Insurance business for years. Your homeowners insurance will not cover the damage. It is also not your responsibility. If they don't have comprehensive (fire, theft, acts of God or nature) coverage on their vehicle, they are out of luck.

There is only one way that you can be held responsible. Here goes:

First, the renter needs to send you a certified return receipt letter explaining the danger that exists from the tree.

Only then...with proof of your signature on the return receipt...and before any incident happens...you would be held responsible.

Answer 5

I am an insurance agent and in the state of Iowa this is the rules: If you knew the tree was a threat such as knowing it was rotten or knew that the branches were one strom away from being blown off then your responsible for the damange and your landlord poliy will cover that. however if a strong strom comes and take our a perfectly healthy tree that is on your policy and it damages someone elses property then there auto policy will cover it. and that is covered under comprehensive, storm/weather damage.I am an insurance agent i get paid to know these types of questions.


random guy from texas: damage to a persons auto isn't covered on the renters policy, its covered on an auto policy.

Answer 6

First of all, I would consult legal advice. I'm just telling you what I think, and that doesn't hold a candle in court. As a property owner, you should be holding insurance on the property. If you own an area of land, whatever happens on that land is your responsibility. Unfortunately, people can sue you for slipping on the sidewalk in front of your home for all medical costs. The only way that I would see out of it is if they signed a release when they rented from you saying that they would not hold you legally responsible if anything happened to their personal belongings on the property during the rental period.

Answer 7

Yes, you owned the tree that crushed the car.

Answer 8

Yes, but your homeowners insurance will cover it as long as the tree was in your yard and not the neighbor's.

Answer 9

Yes if it truly is on your property. Do have homeowners insurance if you get some

Answer 10

absolutely. if the tree is on your property, you are responsible for its maintenance (trimming, removing, etc)