I live in a condo on the ground floor. My upstairs neighbor’s shower flooded my closet damaging many personal items and clothing items as well as the carpet, dry wall, and lightening. The lights in my closet and bedroom do not work. The condo association has told her it is her responsibility to cover the damages. She is uninsured and has stated she does not have the money to make the repairs, but promises not to use that bathroom. Fortunately I have insurance, but I have to wait until Monday when they are open to hear back from them. I have had 3 claims this year (do to being robbed and a frozen pipe in my unit) and do not want my insurance to go up because of my neighbors negligence. She was initially completely unwilling to help or even allow a plumber into her unit and told me she would be at the state fair all day. I had to cancel my plans to bail out the soapy, dirty water from my unit. She also wants to use her brother as a contractor to save money. Do I have any rights to chose certified contractors/plumbers/electricians? Is there any possible legal action I can take? I am hoping this can be resolved amicably, but I really can’t afford to keep paying deductibles and have my insurance rates go up because of my neighbors negligence. Thanks for your thoughts and advice.
My neighbor is still refusing to pay for anything. She feels it is faulty construction to begin with and wants our builder to pay (our condo building is about 5 years old). I notified my insurance of the situation after reading that any possible damage to the structure has to be reported even if we do not file a claim. They are also let mo know they are considering ending my policy and blacklisting the entire community. Nothing has been repaired yet so we will see.
Thanks for all the suggestions.
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Well if you do not want your insurance rates to go up then it would not be a good idea to put in a claim. In which case you would need to hire a professional to repair the damages and pay for the repairs yourself. After wards you could ask your neighbor to reimburse you for the repairs and it she is unwilling then you can take her to small claims court and sue her for the cost of the repairs. To answer your earlier question you asked about having rights to choose the contractor that des the repairs. The answer is yes because you have to remember even though she is responsible to pay for the repairs, the property that the repairs are being done too is owned by you and therefore you have the final decision as to who does the repairs and regardless of the cost. If you choose to use her brother that’s your choice to do so and not hers. I hope this helps shed some like on this matter.
General Contractor 23 years
There are legal websites where you can ask one question for free and that’s what I would do. I believe you could sue for damages, but, if she’s broke????????? Then I wouldn’t know what to tell you, but, I’d talk to an attorney. There has to be something you could do. And then again, since this is not your fault, your insurance shouldn’t go up, and maybe THEY could go after her to recoop THEIR loss.
You need a lawyer. If she has equity built up in her mortgage, she can take out a loan to pay for your repairs. It doesn’t cost too much to get a lawyer to draw up a letter telling her that she has to pay up or you will see her in court. A good threatening letter may wake up your negligent neighbor. What ever you do, do NOT let her brother do the work. Get someone certified. Good Luck!