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7 day right to cure then tree fell

Discussion in 'Eviction, Recovery of Premises' started by stealthrun, Jul 28, 2016.

  1. stealthrun

    stealthrun Law Topic Starter Guest

    Sunday was supposed to be living in the house We rent or money was to be paid. My landlord served me the paper and I told him I was trying to get the money, he stated something would help. That following Thursday a gust of wind in our front yard knocked down a huge maple tree which smashed my car. I called my landlord numerous time and texted to let him know the situation. I got no response. I texted again in morning asking if he had homeowners insurance to cover the damage because the tree was diseased we found out after. He would not address it and said are you going to be out Sunday. We has intentions of paying him Friday but his lack of commitment as a landlord changed our mind. The tree covered our entire driveway and we had to drive over curb. It is now 1 week later and haven't heard from him but a company is finally cutting down the tree!!! The company said as a certified arborist the tree should have been taken down 5 years ago. My questions is he responsible for my car? Also, I'm unsure what my options are about the eviction because he is not being compliant as a mature landlord. Should we live now or will a judge give us time due to the tree without it going on our credit?
    Thanks you
  2. army judge

    army judge Super Moderator

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    Whatever you do, don't get even the filing of an eviction on your record.
    If you do, it'll destroy your FICO, moreover you'll find it impossible to rent decent housing anywhere in the USA for decades.

    If the LL won't pay for your car, you'll have to file a case against him in small claims court.

    If you have auto insurance, report the incident to your insurance company.

    He can't force you to pay your rent.
    H ecan ruin your life, and take you to court, where a judge will order you to be evicted.

    Same with your car.
    You can't force him to pay.
    You have to go to court and prove to a judge why you believe the tree falling on your car is his fault.
  3. adjusterjack

    adjusterjack Super Moderator

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    Let's start with the tree. For your landlord to be responsible for the damage to your car you would have to prove he was negligent. That means proving (not just saying) that he knew, or should have known, that the tree was a hazard and failed to remedy the hazard and that negligence resulted in damage to your car.

    You don't say how long you have lived there but if you (who are not a professional arborist) didn't notice anything wrong with the tree, there is no court anywhere that would impose that duty on the landlord, who is also not a professional arborist. The opinion of the arborist is meaningless if you can't prove that the landlord had knowledge of the condition of the tree. Added to that is the possibility that the wind may have contributed to the tree falling.

    The landlord has absolutely no obligation to respond to you unless you sue him.

    If you want your car taken care of you will either have to pay for it yourself and then take a shot at a lawsuit or have your insurance company take care of it if you have damage coverage.

    As for not paying rent, all that gets you is evicted by the court, put out on the street by the sheriff and, as already noted, trashed credit.

    If you decide to leave now, make sure you surrender the keys and give written notice that you are leaving (keeping a copy) so you can document the date.
  4. txls

    txls Well-Known Member

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    My brother had a similar situation with a neighbors tree. The tree was rotten and dying for years. The wind blew down the tree on his house and the neighbor was not held liable because it was an act of God.
    File a claim with your car insurance and if they think they can get something from the landlord, they will pursue that avenue.
  5. Betty3

    Betty3 Super Moderator

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    I agree with going through your car ins. company.

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