Legal Question in Landlord & Tenant Law in Virginia

Re: Personal Property Damage

Oh man, you had to ask. Well, Michael Henderson

sounds certain, so I would call him up and let

him apply his view of this.

To my mind, it might depend more on whether

you can prove some form of negligence by the

landlord. And that is not an exact legal rule,

but more of a question of fact. DID they or

did they not fail to maintain the roof properly?

Did the tiles fly off because they were not

properly nailed down (or whatever)? I think

that it may depend on that kind of detail.

It is also true that you have a different legal

relationship than mere strangers because they

are landlord and you are tenant. They do have a

duty to provide a safe facility, which you are

paying them for.

However, again, it would depend a lot on whether

this is the unavoidable freak act of nature, or

whether they actually failed to do something that

they should have done.

That's my view, anyway.

Re: Personal Property Damage

Mr. Moseley, I would suggest, has parsed the matter a little further than what is necessary

(although quite accurately)with respect to you as the aggrieved tenant of the apartment complex

whose car has been damaged by flying roof shingles.

I would present your claim(prima facially based, of course, on a theory of some kind of negligence on the part of the complex) straightaway to the management folks with photographs of your damaged vehicle and at least two estimates for repair.

Let the attorneys for the complex, if they're so inclined, ponder the possible freakish accident-Act of God- defense to which Mr. Moseley has alluded.

In the meantime, if the repair money is not forthcoming, let the management folks know that you will be filing, if necessary, a case in

small claims court to recover your damages.

Then do it, if you still don't have your money withing a reasonable time.

Re: Personal Property Damage

The apartment complex should be liable and therefore have to pay for the reasonable cost of repairing your vehicle.(Renter's insurance is not to cover this kind of loss.)