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-   -   Is Landlord responsible for damage to car? (https://www.askmehelpdesk.com/showthread.php?t=532464)

  • Dec 7, 2010, 10:21 AM
    angelrae24
    Is Landlord responsible for damage to car?
    Per our lease, our landlord is responsible for snow removal on the driveway. She requires us to park in the back portion of the driveway during the winter. My boyfriend's car was damaged -- the mirror broke off as he tried to pull out of the driveway that wasn't plowed -- can we charge the landlord with the cost of the damaged mirror?
  • Dec 7, 2010, 10:23 AM
    tickle

    How did the mirror get damaged from the driveway not being plowed ?
  • Dec 7, 2010, 10:29 AM
    excon
    Quote:

    Originally Posted by angelrae24 View Post
    Is Landlord responsible for damage to car?

    Hello a:

    Maybe. But, I don't know what you mean by "charging" them... Certainly, if you call them up and demand payment, they won't pay and they'll evict you. If you took your claim to small claims court, I'd say you've got a 50/50 shot at winning. But, I don't know if the cost of a mirror is worth it.

    If you're having OTHER problems with the landlord, tell us about them... It seems like you're pissed off at her.

    excon
  • Dec 7, 2010, 03:36 PM
    this8384
    Quote:

    Originally Posted by angelrae24 View Post
    Per our lease, our landlord is responsible for snow removal on the driveway. She requires us to park in the back portion of the driveway during the winter. My boyfriend's car was damaged -- the mirror broke off as he tried to pull out of the driveway that wasn't plowed -- can we charge the landlord with the cost of the damaged mirror?

    I'm trying to figure out how an unplowed driveway broke a rearview mirror - did he lose control of the vehicle or slide into something?

    My guess is probably no. It sounds as if your boyfriend was driving too fast for the conditions, which resulted in the broken mirror. It was his obligation to operate the vehicle with care - not your landlords'.

    Also, I don't know where you're located but my state gives me a 24-hour grace period from when the snow stops falling to get it removed. Anything that results in damage and/or injury as a result of my negligence AFTER that 24 hours is my liability.
  • Dec 7, 2010, 03:39 PM
    ballengerb1

    Not going to be handled by the LL unless he is very, very generous. If driving conditions were so bad that he could not control the car then he should not have driven it, snow or no snow. Now if the plow had hit him that would be a horse of a different color.
  • Dec 7, 2010, 06:51 PM
    Fr_Chuck

    And keeping the drive way plowed does not mean it will be clean all the time, it snows, and latter that day they get the snow cleared.

    I don't see the LL responsible
  • Dec 10, 2010, 06:00 PM
    twinkiedooter

    The driver of the car is responsible not the landlord. He should have taken extra care in driving around the property.

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