Should my landlord pay for damage to my car?

[pX]

Alright heres the scenario. I have to pay $25 a month to park at my apartment complex, because basically there are more people with cars here than spaces. I get the worst space conceivable, right under a walnut tree. I didn't even noticed what kind of tree it was at first, until the walnuts started falling out. After leaving my car there for about a week untouched I discover than I have 5-10 dents on my car (a '99 mirage, with a perfect paint job). Its just my luck that I'm the one who got stuck in this spot, every other car is old junkers. I am calling my the reality place that rents me this place to complain and insist that they pay for damages. I never signed anything saying they were not liable for it. Should I be able to get them to pay for (at least some) of the damages, or is it a lost cause?
thanks in advance

 

[rgwalt]

If not, you can make an insurance claim.

Ryan

 

[Harv22222]

I don't think there is any legal complaint you can make about them paying for anything really. Its just the chance you have to take I guess.

 

[telstar1]

<< If not, you can make an insurance claim. >>



Yeah, but he'd still be left paying the deductible ... which is probably $500 or more.

 

[telstar1]

<<

<< If not, you can make an insurance claim. >>



Yeah, but he'd still be left paying the deductible ... which is probably $500 or more. >>


Is the tree on their property?

 

[pX]

the tree, I dont know if its on their property or not. why would that matter if you dont mind me asking?

also, I don't have full coverage, so I can't take it up with my insurance.

 

[gopunk]

cut the tree down

 

[Dually]

You could sue them and see what happenns.

 

[kamiam]

if the tree is on the landlords property then he is probably liable for the damage...you could take him to small claims court

 

[pX]

any more opinions?
how should I approach complaining about this, just like I'm mad as hell, or more like I 'know' they should have to pay for it.

 

[telstar1]

<< the tree, I dont know if its on their property or not. why would that matter if you dont mind me asking?

also, I don't have full coverage, so I can't take it up with my insurance. >>




It's not the parking spot that damaged your car ... it's the tree.
Whoever owns the tree is the only person that may or may not be held responsible for your car's damage.

 

[Bulldozer]

Try talking to the tree owner before you worry about lawsuits. I highly doubt they will readily hand over the cash, though.

 

[notfred]

Shouldn't have parked under a damn walnut tree. What did you think the big green nut looking things were?

 

[Viperoni]

Sue the person that planted the tree.

 

[Soybomb]

Lol as mean as it sounds I agree with notfred. Its a walnut tree, it will sooner or later rain nuts If you didnt notice...well you'll be more aware of your surroundings next time. After all when does the line get drawn? How about parking under a tree with a nest of birds that crap all over your car and for cause paint damage? Are they responsible for warning you that the tree had birds? I say be responsible for your actions and take it as a lesson learned

 

[vegetation]

Approach the landlord and come to an agreement. If he doesn't want to fork over the $$ for your deductible, then maybe you can come to some kind of parking fee waiver. Whatever the case, make sure you get everything in writing.

 

[pX]

well i did notice it but the things looked really soft I didnt think they would dent the thing if they fell, and i didnt think there would be so many.

secondly, i had no choice in where i parked. they gave me a spot's number, i have to park there.