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I have a mortgage on my primary residence which is a 2nd floor

 
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  • Answered by:RayAnswers
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Customer Question

I have a mortgage on my primary residence which is a 2nd floor condo in NJ. My neighbor below informed me recently he has a small (1 1/2 inch diameter leak stain) in the ceiling of his bedroom bathroom which lines up directly with my bedroom bathroom's toilet right above. He also owns his condo unit, I have condo insurance, he has no insurance. I think this is just a bad seal in my toilet..(I have no leak and my bathroom floor is bone dry)...but am I automatically responsible if this turns out to be damage to the actual pipes below my floor/above his ceiling?

 

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State/Country relating to question: New Jersey

Already Tried:
Took pictures of the leak. My brother who is a plumber is coming over this week to check it out. My neighbor is fine with this in fact my neighbor stated to only come over on Tues or Wed (its Sunday as I write this)

Submitted: 352 days and 10 hours ago.
Category: Real Estate Law
Value: $49
Status: CLOSED

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Expert:  RayAnswers replied 352 days and 10 hours ago.


RayAnswers :

Thanks for your question and good afternoon.

Customer :

Hello

RayAnswers :

If your plumbing caused the damages here you likely are held liable to repair the other tenant's property.It would come down to what you find out as far as the cause of the leak.You may want to go on and report this to your condo insurance and let them deal with any claim and costs to repair.You will likely have to pay the deductible but at least the bulk of the costs to repair would be covered.

RayAnswers :

If your leak caused the damages then likely your condo policy would take responsibility and pay the claim.

RayAnswers :

See what brother finds and then if it was your leak then you should contact your insurer and let them resolve it.

RayAnswers :

I hope this has given you information that has been helpful to you. If the information seems more general than specific, please be aware that we are only allowed to provide information and not specific advice. If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping others or taking a break.

If you need additional clarification on this question, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you. Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer :

thanks for the input

Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 98.5 %
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Answered: 5/6/2012

Experience: Texas Attorney for 29 years dealing in real estate

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