Legal Q&A: Tree fell on tenant's car. Am I liable? – California Apartment Association

Legal Q&A: Tree fell on tenant’s car. Am I liable?

July 26, 2016

Question: I am renting a single-family dwelling to three individuals, each of whom submitted a separate application but want to all be listed on the rental agreement. How do I fill out a month-to-month agreement?

Ted Kimball
Kimball, Tirey & St. John LLP

Answer: Have them all sign the same agreement. That way, they would be jointly and severally liable under the lease.

Question: Several weeks ago, during a wind storm, a large tree fell on my tenant’s car. The tenant thinks I am responsible for the damages, but my insurance company says I am not.

Answer: Unless you were negligent in the way you maintained the tree, you are not liable.

Question: An attorney representing a former tenant states, “The Department of Consumer Affairs suggests that a landlord should not charge tenants for painting after a two-year tenancy.” Is there any standard on this?

Answer: This is merely an opinion and holds no legal weight. If you can show that the premises were in need of painting due to extraordinary wear and tear, you can charge the tenant.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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