Legal Question in Landlord & Tenant Law in Florida

damge to vehicle from fallen tree limb

My car was damaged while parked in my driveway where I rent an apartment. The tree was actually located in the yard adjacecnt to the rental property. I went through my insurace at the suggestion of my landlord and she would pay my deductible. I did that but she only wants to pay half of the $500 deductible and have me sign a paper releasing her of liability. It took over two months to fix the car for which I incurred extra rental car expense and lost two days of work because I did not have transportation. Should the landlord be liable at least for the amount of the deductible and the $85 I incrred in car rental? If I go to small claims court would I be able to recover at least $585?


Asked on 2/01/07, 8:21 am

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Re: damge to vehicle from fallen tree limb

The LL is responsible ,if you can prove they knew of the limb and it would fall.

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Answered on 2/01/07, 10:18 am


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