Legal Question in Real Estate Law in Massachusetts

Re: dead tree falling in driveway, smashing windows

It is unclear from your question as whether you are renting an apartment, condo or house. My answer would be slightly different for each.

Landlords are generally responsible for unsafe conditions on their property for which they are aware or should be aware, provided it was not caused by the Tenant or his guest.

In your case, you will notify your auto insurer for the relevant damages. Your insurance company will seek compensation from your Landlord. If you have home owners insurance the same is true for damages covered under that policy. If there is a deductable issue, then you can seek damages directly from the Landlord. If you do not have insurance or wish to avoid making a claim you can still go after your Landlord. Please note insurance companies rquire reasonable notification under their policies do not wait to long to contact them.

However, if you rent a home and you are responsible for the maintenance of the property including the landscaping, you may have some contributory liability.

Likewise, if you put your property in a position that was known to be unsafe or suspected to be unsafe, you could have an issue of contributory negligence.

Your landlord should have the tree pruned, assuming that it is something considered beyond your obligation under the lease. He should do it anyway to avoid, future and potential problems as matter of good business. If he is on notice of an unsafe condition he can be held liable for damages if he fails to act responsibly. I have assumed within this discussion that the tree is on the Landlord's property.

Without knowing all the details I cannot be certain of anyone's liability and have just tried to answer your question in general relevant terms. These matters turn on specific facts and situations as well as the terms of leases. This is not and should not be relied upon as legal advice.