Legal Question in Landlord & Tenant Law in Massachusetts

Re: Fallen Tree Damage

This is a tricky issue. First, the fact that the tenant had no insurance is irrelevant. If you are liable, the insurance company might be able to collect from you instead of the tenant. Second, the question on liability would be whether you knew or reasonably should have known that the tree limb could fall. Is the tree old and dead; have limbs fallen off recently aside from this time; was the tenant legally parked (that is, did the tenant have permission to park there)? How much will it cost to have the car fixed? Ultimately if the cost to repair is about the same as the two month's rent, it might be more practical to simply call it even. If you do that, get a written agreement to that effect. A lawyer can help you draft an appropriate agreement, or decide whether to take it to court. Good luck!