questions & answers

Question: I live in an apartment complex. On July 26th, 2014, there was a storm and a tree planted on the premises fell onto my car. The apartment complex removed it two days later. They claim it was an "act of God", and won't cover the repairs for the damages to my vehicle. My question is this: Would this fall under the provisions in the Arizona Residential Landlord and Tenant Act, section 33-1324, Landlord to maintain fit premises?

Answer: In general, yes, it would fall under A.R.S. 33-1324. A landlord is required to keep all common areas of the premises in a clean and safe condition. Just because the tree fell does not make the landlord liable, however. If the tree posed a risk (because of its health, its location, or its maintenance) and the landlord knew about it, then arguably the landlord may be liable to you. If there was nothing wrong with the tree and the storm merely knocked it down, there may be no liability.