Neighbor's Plumbing Problem

I'm confused. Why would the owner--your seller, presumably-- be responsible for damage caused by the neighbor?

The landlady could be very much responsible because it was her property all the time but I don't have anything against the landlord. It is in the last paragraph of my first posting.

Yes, sorry it should red THE OWNER OF THE CONDO ABOVE MINE
The problem is between myself and the neighbor lady.

I wouldn't officially buy the condo until responsibility has been assigned and repairs have been made.

Does the condo unit have a Board of Directors? A full time janitor? What do they say?

You know about the damage and buy it anyway. My assumption would be that you had factored that damage into the purchase price.

The landlady should submit a claim to her homeowner's insurance. The adjusted will take a look at the damage and either pay for the coverage or pursue payment from the neighbor's insurance. You don't yet own the property and unless your lease stipulates that you are responsible for it, then I would think it falls to the two existing insurance companies to duke it out. Do you have renter's insurance? If you do, you could talk to your agent but I think the answer would be that it is the responsibility of the upstairs neighbor.

She can deny responsibility all she wants, but the two insurance companies will fight it out.

It's a condo. Why isn't the condo association taking care of the issue? That's what they are there for.

I did. I could've done better on the negotiation but I am Ok with what I am getting.


I didn't think about it. However since the property is free and clear there is no such insurance most likely. I will check on that.

Association said it is between two owners. Because they are not responsible for what is inside the condo (piping).

I'd be surprised if she didn't carry insurance even if she owns it free and clear. There's always the need for insurance to cover her investment (and you'll need it too when you buy the place). You wouldn't want to take a chance on losing everything you've invested.

She's potentially liable, but you should also get an assignment of any claims that the previous owner had against the neighbor. You had no right to sue her unless you had personal property damaged by the water, your owner had a right. Since you bought his condo, get an assignment of his rights to sue and then you can pursue recovery.

And yes, the best place to start is with her insurance carrier, but some policies exclude known damage that the insured could have prevented through maintenance. Insurance is for accidents, not failures to maintain.

Hope that helps.




THIS IS NOT LEGAL ADVICE, JUST A FRIENDLY ADVISORY OPINION FROM AN INDIVIDUAL WHO ALSO HAPPENS TO POSSESS A LAW LICENSE. NO WARRANTIES IN REGARD TO THE ACCURACY OF THIS ADVICE ARE OFFERED, NO MONETARY EXCHANGE TOOK PLACE, AND NO ATTORNEY-CLIENT RELATIONSHIP WAS ESTABLISHED.

Thanks for your input. However no insurance on my place. And not much personal property in the bathroom. Just damage to the condo itself.
What I was thinking once I close on the condo I will send letters out to the neighbor and to the association about all this to create paper trail. Will have licensed plumber and contractor to my condo and hers nad present her with the estimates of the repairs to be made to my place.
After second letter I will take her to the small claims court.
Can't think about anything else.