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Updated over 1 year ago,

User Stats

16
Posts
8
Votes
John Tran
8
Votes |
16
Posts

Walnut damaged tennant's back windshield

John Tran
Posted

My tenant's just told me a walnut from a tree in the front yard of my rental house fell and crack her car's back windshield.  She wanted to know if I will pay for it.

In the lease I specifically spelled out that damage to tenant's property on the premise is their sole risk and advised them to obtain renter's insurance.  The lease also spelled out that tenant will hold Landlord harmless from any such claim.

Before this tenant moved in 6 months ago I actually had several large trees around the house cut down for safety.  If this walnut fell on her car it must have been blown over from a tree that is not near the driveway.

She got a quote for $405.  Whether she will try to claim this repair with her auto ins/renter ins or not I'm sure it's gonna come out of her pocket anyway since $400 is about the cost of replacement for a rear windshield and deductible probably will result in it being out of pocket.

I can just tell her that I'm sorry but my ins won't pay for it (which I believe is the case)  I also don't think I'm liable since its not a negligence on landlord's part.  I can offer to help her half but then don't want to make it a habit and next time something happen she would expect me to help out.

Just want to see what BP thinks.

Thanks 

John

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