Wind Storm Damage to Car - Tenant requesting deductible be paid

[Benjamin Amaral]

One of the tenants in my duplex uses the driveway to park their 2 personal vehicles. During a significant wind storm, many small/medium branches came down into the driveway and out into the road from a large tree that sits on the edge of the driveway within my property. Some of the branches caused damage to one of car's windshield and hood. The tenant submitted a claim to their car insurance company which they will be covering. The tenant is requesting that I cover their $500 car insurance deductible. I want to handle this right. I've received conflicting opinions on whether or not to reimburse some or all of their deductible. This wouldn't be something that would be covered under my landlord policy, and my deductible is more than $500 anyways. Prior to the storm there was no known issue with the tree being dead or having any dead branches.

Of note, the tenant has a balance owed of $300 for rent. They have been paying late for several months now, and I put them on a bi-monthly rent schedule to attempt to make paying rent on time easier.

I'm considering waving the $300 back rent owed, in essence meeting them just over half way to cover the deductible. Technically, it does not appear I have an obligation to cover the deductible as there was no negligence on my part. The tenant had never raised concern about any issues with the tree having dead branches. I want to do the right, reasonable thing. I'm wondering what others here would do.

I appreciate your input!

[Nathan Gesner]

No. In case you missed that, NO!

First, you are not responsible for Acts of God. You can't control the weather or where branches fall. The only time you are responsible is when you've been negligent in the maintenance of the tree.

Second, why are you so quick to compensate the Tenant when they can't even keep up on their end of an existing agreement??? They pay late "for months" and are currently $300 behind on rent?

Here's an example of what I would say, in writing:

"Dear Tenant,

I cannot be held responsible for acts of nature, theft, mechanical breakdowns, or other actions outside of my control. Your car is your responsibility, to include your insurance deductible.

You've paid rent late for several months and are currently $300 in arrears. I suspect you'll have even more difficulty after paying your insurance deductible. It's in both our interests to admit the rental is no longer affordable. I request you agree to vacate no later than January 31st. If you do not submit written notice agreeing to termination, then I will assume you agree to abide by the lease agreement and pay your entire balance, including January rent. If you have not paid everything owed by January 10th, I will initiate an eviction."