Your Neighbor Neglected a Tree, and It Fell on Your Home During a Florida Storm.
Who Pays? Here’s What You Need to Know.
Living in Tampa, we’re no strangers to the intense storms that can cause significant damage to homes and properties. One question I often hear from clients is regarding who pays for storm damage when an event like a neighbor’s tree falls on their property, such as onto a fence or even the roof.
It’s a fairly common scenario, and this can be a tricky situation.
Let’s keep in mind this isn’t legal advice, but I can weigh in here on what typically happens. Naturally, you might feel that your neighbor should cover the repair costs, especially if you warned them about the tree and they were negligent about it. However, the way insurance and Florida law work may mean you, as the homeowner, are responsible.
Step 1: Secure Your Property
First things first, if the tree has damaged your home—like putting a hole in the roof—the common sense thing to do is to take immediate steps to prevent further damage. Tarp it up and make temporary repairs to avoid escalating issues.
Step 2: Insurance Takes the Lead
Next, contact your homeowner’s insurance company to file a claim. Failing to report the damage could put your coverage at risk.
Even if you feel it’s your neighbor’s fault, your insurance policy is likely going to cover the damage and, if necessary, pursue reimbursement from your neighbor through a process called subrogation. This means your insurance company pays for the repairs first and then works to recover costs from the responsible party if they deem negligence was at play.
Step 3: When Does Your Neighbor Pay?
Here’s where it gets interesting.
If the tree was well-maintained and the damage was simply due to a storm, the law will probably hold you, the homeowner, responsible for your own repairs. It might not feel fair, but that’s how property law usually works in this case.
However, if the tree was clearly unhealthy or neglected, your neighbor could be held responsible.
Step 4: Keep It Cool
Remember, storms can create stress, but maintaining a friendly relationship with your neighbors can go a long way in situations like these. Insurance will often handle the bulk of the repairs, and resolving disputes calmly can make the process smoother for everyone involved. If it turns out that you don’t have insurance coverage for the damage caused, you may need to try to work things out with your neighbor, and causing an initial divide won’t help you.
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More questions? Please consider me your go-to resource for all things Tampa and the real estate market. As a Tampa real estate agent, I’m no legal expert, but I’m happy to share what I know! If you have any questions or need more advice, feel free to reach out to me. I’m always here to help you navigate the complexities of homeownership and buying and selling homes in Florida!