Whose at fault when the landlord's tree lands on one of the tenant's car during a wind storm in Los Angeles?

Question

Here's the deal:

My mother owns a property and rents it out to a family of four. During this past winter, the winds picked up speeds up to 30mph and/or higher. During this time, a tree-limb fell on the driveway onto one of the tenant's cars, which was illegally parked (each tenant, family, was allowed two parking spaces for each unit and they had three cars parked in the spots.) The tenant has been withholding rent from the past three months already (my parents are usually out of town and has a agent to pick up the rent) and now has called their auto insurance company and has sent us a letter from the auto insurance askins us to pay up more than six thousand dollars. Are we the landlords responsible to pay this amount to the tenants. Oh the tree is still healthy and is not dying anytime soon. Are we liable to pay this amount?

I looked up several sites both government and other car and home insurance sites and i got mixed messages about this problem we have.

Answer 1

God's.  

Seriously, not EVERYTHING that happens, is someone's fault.  Who's responsible for the wind?  No one.  

The illegal parking is irrelevant.

The tenant isn't paying rent.  Time to go start eviction procedures.

You need a lawyer to deal with the other person's insurance company.

No one is liable for anything, until a judge says you are.  But be prepared to go to court - which means, you should turn this claim in, or hire a lawyer if you have no insurance, because it looks like the insurance company is going to press matters.

Answer 2

comes down to this

if the limbs were lose are you knew of this and neglected to take care of the tree then its your responsibility , unless you have in the contract that tennant must take care of landscaping.

2nd] if there was no neglect as far as removing lose limbs. then its considered an act of God/nature and at that point no its no your fault and you wont be held liable

Answer 3

the tree, belongs to your property or belongs to the city?

if by yours, then your home insuarnce company can take care of it for you when you report it

if the tree belongs to the city, tell the teant to contact the city about paying the bill

as far as they not aloow to park 3 car and not paying rent, thats your parent's job or the agent to enforce it..if not, is your fault

Answer 4

If you are in the US, then your mother is NOT liable.  She didn't cause the windstorm.  The only way the car will be covered is if the owner has comprehensive (other than collision) coverage on the policy.

The only possible way she could be liable is if the tree was sick, dead or dying & in danger of falling & she KNEW about it (which has to be proven too) and did nothing to correct the situation.

If these people won't take no for an answer, she may have to report it to her insurance company (would be a dwelling fire or a landlords or a commercial policy, depending on the building size) & let them send the denial to the vehicle owner.

Good luck to you.

Answer 5

comes down to this

if the limbs were lose are you knew of this and neglected to take care of the tree then its your responsibility , unless you have in the contract that tennant must take care of landscaping.

2nd] if there was no neglect as far as removing lose limbs. then its considered an act of God/nature  and at that point no its no your fault and you wont be held liable

edit: why did the person below me copy and paste what i wrote..misspellings and all? <sighs>