Legal Question in Landlord & Tenant Law in Alabama

paint on car

my son is away at college,he lives in an apartment,a fence was installed and spray painted there,he has a 2003 ford explorer that was parked in the parking lot,paint got all over his explorer,he didn't notice it right away because he walks to class,he just thought it was dusty,which was not unusal because the parking lot is not paved very much. he washed his explorer and it would not come off,it is on the paint,windows,and all the rubber trim. apartment manager is giving us the run around says owner is out of town and nothing can be done she does'nt belive that it is paint from the fence.they do not want to pay to have it cleaned up.this is a 25,000.00 explorer that i am still making payments on it has about 15,000,00 miles on it. taken care of very well, not even a scratch on it,there has never been a bottle of water drunk in it.my quetion is can i make them pay to have it fixed? thank you for any help


Asked on 1/24/05, 10:12 pm

2 Answers from Attorneys

Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: paint on car

Yes, so long as you can link the paint to the landlord. Witnesses and paint samples would help. If you know where the paint was applied in the complex, scratch off various samples from that area and then scratch off samples from the truck. You can get them analyzed to demonstrate a match and show the origin of the paint. You also need to take lots of photos and document well what happened. You then need at least 2 estimates on the cost of repainting and/or repairing the truck. Once you get your ducks in a row, present it to the landlord. If they don't bite, get a lawyer and take them to court.

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Answered on 1/24/05, 11:02 pm
Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: paint on car

Absolutely. Really, the company hired to install and paint the fence is the responsible party but I would go after both of them. If you put enough heat on the landlord, the landlord will go after the contractor. Of course, I would really need to know more to give anymore detailed advice. Why does the property mgr think it's not the same paint? I'm assuming it's the same color? You could conceivably go to the trouble of taking samples from the fence and from the vehicle and having them analyzed but the expense and trouble of that might render it unworkable. Of course, your son might be able to find a science professor who would be willing to analyze the samples for the education value...But really, I doubt you would need to go that far. If the truck was parked nearby the fence and it looks like the same color and your son has friends who can say, "There was nothing there before xx date and then there was after xx date" and those dates reasonably coincide with the painting... That should probably be enough proof for a small claims court. But don't let either the landlord or the contractor tell you it's not their fault. You can hold both liable.

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Answered on 1/25/05, 12:19 pm


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