Property Damage Demand Letter Example

Dear Mr. and Mrs. Hadley,

I am writing regarding the damage to my property caused by a large oak tree that fell from your yard onto my property on January 3, 2026. As a result, I sustained $6,200.00 in documented damages. I am requesting that you or your homeowner's insurance compensate me for these losses within twenty-one (21) days of this letter.

What Happened:

On the morning of January 3, 2026, during a winter storm with wind gusts of 45-55 mph (as reported by the National Weather Service Chicago), a large oak tree on your property (approximately 40 feet tall, located along the east property line) fell westward onto my property. The tree struck and destroyed a 60-foot section of my cedar privacy fence and landed on my 2021 Honda CR-V, which was parked in my driveway.

I called the Naperville Fire Department, who responded and documented the scene (Incident Report #NFD-2026-0087). I also contacted the Naperville Police Department for a property damage report (Report #NPD-26-0142).

The Damages:

1. Cedar privacy fence: 60-foot section destroyed. Replacement estimate from Heartland Fence Co.: $3,400.00 (includes materials, labor, and removal of old posts).
2. 2021 Honda CR-V: Roof dented, rear windshield shattered, roof rack destroyed, right rear quarter panel damaged. Repair estimate from Naperville Auto Body: $2,800.00.
Total damages: $6,200.00

Your Liability — Prior Notice of the Hazard:

Under Illinois law, a property owner is liable for damage caused by a tree on their property when they knew or should have known the tree was hazardous. See Barr v. Game, 326 Ill. App. 3d 1 (2001); Hussey v. Ryan, 64 Ill. App. 3d 950 (1978). Liability exists when the owner had actual or constructive notice of the tree's dangerous condition.

In this case, you had actual notice:

1. September 12, 2025: I spoke with you in person about the oak tree, which had dropped all its leaves prematurely and appeared dead. You acknowledged the tree "didn't look good" but said you'd "look into it in the spring."

2. October 8, 2025: I sent you a text message (which I have preserved) noting that large dead branches had fallen from the tree into my yard during a windstorm. I asked you again to have the tree inspected or removed. You did not respond.

3. October 22, 2025: I hired a certified arborist, Thomas Greer (ISA Certified Arborist #IL-4829A), to inspect the tree from my side of the property line. Mr. Greer's written report concluded the tree was "dead, structurally compromised, and at high risk of failure." I placed a copy of this report in your mailbox on October 25, 2025, with a cover letter requesting immediate action.

Despite three separate notices over nearly four months — including a professional arborist's assessment — you took no action to remove or address the hazardous tree.

Legal Standard:

Illinois negligence requires: (1) a duty of care, (2) a breach of that duty, (3) proximate cause, and (4) damages. All four elements are met:

1. Duty: As the property owner, you had a duty to maintain your trees so they did not pose an unreasonable risk to neighboring properties. See Restatement (Second) of Torts § 363.

2. Breach: Despite actual notice that the tree was dead and dangerous, you failed to remove it, trim it, or have it professionally assessed.

3. Causation: The dead tree fell and directly damaged my fence and vehicle.

4. Damages: I sustained $6,200 in documented, quantifiable losses.

Demand:

I demand payment of $6,200.00 within twenty-one (21) days of your receipt of this letter. You may wish to file a claim with your homeowner's insurance company, which typically covers this type of liability. I am happy to provide copies of all documentation to your insurer.

If payment is not received, I will file a claim in the DuPage County Circuit Court, Small Claims Division. Illinois allows recovery of damages up to $10,000 in small claims court. I will seek the full $6,200 plus court costs and any additional damages incurred.

I value our neighborly relationship and hope we can resolve this amicably. Please contact me at the number or email above to discuss.

Sincerely,