Who is responsible for damage to my car?

[mike91]

What is the name of your state? California

I live in an apartment complex where wild birds are free to roam the entire complex. The birds fly around in a tree that is over/above my car port. Occassionally they knock down small branches. Just this morning they knocked a branch down that scratched my brand new car. I'd like to ask the landlord for compensation but I'd rather have the landlord remove the tree to prevent the birds from flying around in it. I've asked about having the birds removed before since none of the neighbors like the birds but was given an answer of "The birds are wild, we have no control over there and can't do anything". What can I do in this scenario?

 

[Just Blue]

What is the name of your state? California

I live in an apartment complex where wild birds are free to roam the entire complex. The birds fly around in a tree that is over/above my car port. Occassionally they knock down small branches. Just this morning they knocked a branch down that scratched my brand new car. I'd like to ask the landlord for compensation but I'd rather have the landlord remove the tree to prevent the birds from flying around in it. I've asked about having the birds removed before since none of the neighbors like the birds but was given an answer of "The birds are wild, we have no control over there and can't do anything". What can I do in this scenario?

What do you propose, putting a forcefield over the whole complex, to keep the birds out? Killing the birds as they enter your apartment complex property lines?? How would the management keep wild birds out??

 

[mike91]

No. I don't mean to sound unreasonable. I'd really just like the tree removed to prevent the branches from falling. This is my only car port and it is obviously unsafe to park my car there without it getting damaged by the tree. That, and while unproven, the droppings from the bird are highly acidic which ends up being destructive on the car's paint (this occured on my previous car before I sold and bought a new one). I'm just curious as to what kind of legal standing I have here. My lease with the complex provides for 1 assigned car port but states nothing past that.

 

[Just Blue]

No. I don't mean to sound unreasonable. I'd really just like the tree removed to prevent the branches from falling. This is my only car port and it is obviously unsafe to park my car there without it getting damaged by the tree. That, and while unproven, the droppings from the bird are highly acidic which ends up being destructive on the car's paint (this occured on my previous car before I sold and bought a new one). I'm just curious as to what kind of legal standing I have here. My lease with the complex provides for 1 assigned car port but states nothing past that.

Sorry, I missed the part about you asking the LL to remove the tree...

Have you tried a car cover? A good one can stop the kind of damage you are getting and the LL might even spring for it!

 

[mike91]

Sorry, I missed the part about you asking the LL to remove the tree...

Have you tried a car cover? A good one can stop the kind of damage you are getting and the LL might even spring for it!

I haven't asked for removal of the tree just yet. I'm wondering if I have grounds for its' removal. I've asked for another car port where I was in turn pointed to a car port far from my apartment and in an area highly prone to other tenants backing into cars parked in said spot. I would opt for a car cover. The only problem there is the car cover would turn into a big mess from rain and/or bird droppings all over it.

 

[PghREA]

Every car was new at one time - rain, snow, hail, road stones, tree sap, birds etc. - it is all part of life.

Get over it.

 

[justalayman]

What do you propose, putting a forcefield over the whole complex, to keep the birds out? Killing the birds as they enter your apartment complex property lines?? How would the management keep wild birds out??

I love your ideas girl.


Maybe the OP should invest in a punt gun (you'll have to look it up (find a video about them). It is beyond written description.


Maybe you should sue God. After all, it is his tree and his birds that are causing all the problems.
As far as asking the tree be removed? of course you can and the LL can tell you no. As the LL stated, it is not within their power to control wild birds, let alone when the are.... should I dare say.... outside.


for fun, send the LL a letter informing them of the attractive nuisance the tree has caused concerning the birds and if they fail to remedy the situation, you will be forced to sue to have the tree removed and have the LL pay for all damages to that point and the removal costs.

be prepared to move when your lease expires, whether you win or lose.

 

[Cvillecpm]

Wait until you get your first "parking ding"....I cried when I got my first one in my RX330 last year...I'm over it now and lobbying my husband hard for a new garage.

If the tree is not DEAD it does not pose a significant danger that would justify it being removed....buy a car cover and by the time you get your first "ding" you'll forget your paint problems.

I STRONGLY suggest you NOT REQUEST the removal of the tree - you will sound silly to mgmt. The acid in the bird POO will do much more damage than a few sticks..

 

[mike91]

Complete waste of my time registering here and asking for advice. I think I'll do what is recommended in practically every thread here: Consult a competent attorney rather than ask speculative moronic online forum members.

 

[CA LL]

Who is responsible for damage to my car?

The birds. And God. And your insurance if you really wanted to push it.

In many areas of CA trees are REQUIRED along carports to make the view of them more asthetic.

Removing the tree request is not reasonable. You asked for AND the LL offered another spot but YOU declined. You could ask to be put on a waiting list for another spot closer without the bad tree problem.

You could also ask them to "trim" the trees if that would help.

You could also give your notice IF YOU SIGNED A MTM agreement and move to a complex that furnishes garages.

Good luck.

P.S. Calling those providing info to you "moronic"..probably not the best way to get help.

 

[Zigner]

Complete waste of my time registering here and asking for advice. I think I'll do what is recommended in practically every thread here: Consult a competent attorney rather than ask speculative moronic online forum members.

Yes, definitely find an attorney to provide you with the exact same advice that the "moronic" people here have given you.

 

[Alaska landlord]

Complete waste of my time registering here and asking for advice. I think I'll do what is recommended in practically every thread here: Consult a competent attorney rather than ask speculative moronic online forum members.

Trees add value to the LL's property. Since your car is of no value to the LL, It would be really stupid to have the tree removed.

Asked for the tree to be relocated.

 

[PghREA]

Sell the car, use public transit - problem solved.

 

[ENASNI]

What part of Ca? Some form of Bird sh!t Car-art is populsr in Southern Cal. You could make some $$$$!