Legal Question in Landlord & Tenant Law in Arkansas
Damage to my property caused by landlord's property
I own a mobile home but rent the lot that it sits on. Today a few dead limbs fell off the old oak tree in the front yard of the lot I rent. It fell onto my car causing several dents. One of the limbs actually fell into my windshield and is currently still sticking out of it. I took pictures of the damage and notified the landlord. She said the insurance would deem it as an act of God.
Since the limb was dead and not green (living), and in need of trimming for quite some time, would it still be deemed an act of God, or would she be Liable.
P.S. the car has no insurance on it, as I just got it back from a friend I was selling it to, and was not currently, or expectin to, drive it. I was going to resell it.
1 Answer from Attorneys
Re: Damage to my property caused by landlord's property
It would depend on whether the insurance company (or court) would see the tree falling on your car as an act of God, or whether it was a noticeable problem that should have been taken care of ahead of time by the landlord.
Did the limb fall during a storm or strong wind? What kind of car and how old was it?