Legal Question in Landlord & Tenant Law in New York
Cars taken out by neighbor's tree. I rent. Who pays?
Twice in the past 2 years, I have had dead trees come down and do damage to my personal property in the backyard of the apartment I rent. Both times my landlady told me it was an act of God. Since it was small change, I didn't make a big deal.
Tonight, during a windstorm, my neighbor's very dead tree broke in half and took out both of our cars.
I rent this place, so have no homeowner's insurance and only had liability on the cars.
Who is responsible? The tree was very obviously dead. The tree didn't come up from the roots, the trunk broke in half about 1/3 of the way up.
Besides the trees, and now our cars.....one of the bathrooms here hasn't worked since we moved in 2 years ago, the ceiling in our kitchen leaks and the ceiling in my husband's office leaks worse. Now there's a part on my furnace that doesn't work, causing my furnace to blow cool air. I think it's time to move!
Any legal advice on the car situation would be appreciated.
Thank you.
1 Answer from Attorneys
Re: Cars taken out by neighbor's tree. I rent. Who pays?
In the case, Crawford v. Forest Hills Gardens, 824 N.Y.S.2d 150 (2006), a tree tree on defendant landowner's property blew over and fell on plaintiff's car. The Court held that the defendant landowner may be held liable if the tree presented a �readily-observable manifestation of decay� that should have alerted the defendant landowner to the defective condition.
As to the other problems, the landlord has a warranty of habitability toward the apartment. Therefore, notice should be given under the terms of the lease as to the non-working items. Furthermore, in terms of no heat, under NY Real Property Law section 227, "Where any building, which is leased or occupied, is destroyed or so injured by the elements, or any other cause as to be untenantable, and unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without his or her fault or neglect, quit and surrender possession of the leasehold premises, and of the land so leased or occupied; and he or she is not liable to pay to the lessor or owner, rent for the time subsequent to the surrender. Any rent paid in advance or which may have accrued by the terms of a lease or any other hiring shall be adjusted to the date of such surrender."
So maybe you should move.
Mike
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