Walnut damaged tennant's back windshield

[John Tran]

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

[Jay Hinrichs]

Quote from @Karl B.:

She shouldn't have parked underneath the tree if it was dropping walnuts. 

This is one of the reasons I require renter's insurance. 

this one is too funny..  back in the day we had about 40 acres of walnuts and I worked to harvest them every year.. .there is NO WAY a walnut can fall from a tree and crack a car windshield.. especially the back one which is at a near vertical angle.. Walnuts have big soft husks on them the hard walnuts you see in the store sans husk have been run through the Walnut run to remove the husks while on the tree the husks remain .. your being played.