Legal Question in Landlord & Tenant Law in Virginia
Dead, unkept tree on landlord's property damaged my car
I am a tenant at a mid-sized apartment building. Designated residential parking spaces are around the apartment complex. The apartment building is very old and trees on the property are dangerous (i.e. - old, dead, regularly falling limbs). While legally parked in a designated residential parking space, a tree limb fell onto my car and destroyed it. It was NOT the result of a storm, high winds, or any inclement weather. I feel that the apartment complex is responsible for this damage and that they should cover my out-of-pocket expenses - they do not maintain their property and their trees are dead/hazardous. Tree limbs fall on a weekly basis. This cannot be a mere ''Act of God'' because I feel that this could've been prevented through reasonable maintenance of their property. Tree limbs falling regularly under calm/sunny weather conditions is not normal. A simple solution is for me to park elsewhere (not near the dead trees). However, parking is limited on the premises. In other words, you take what you can get. Apartment management claims that they are not responsible for this ''Act of God''. I feel that this was preventable. Who should pay for the damage?
1 Answer from Attorneys
Re: Dead, unkept tree on landlord's property damaged my car
The real issue which you have failed to clarify is the condition of the particular tree(as opposed to the other trees on the property) which caused the damage to your car, i.e, was the condition such that a reasonable person could've concluded that it presented a hazard and that, therefore, preventive maintenance was warranted and that the failure to undertake such maintenance could foreseeably cause the damage which was visited upon your car.
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