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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 26059
Experience:  12+ yrs. of experience including real estate law.
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I own a condo in Georgia. The unit next to me had a leak in

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I own a condo in Georgia. The unit next to me had a leak in their bathroom which initially flooded my a couple of the rooms in my condo. The owner of the unit next to me was intoxicated and would not allow anyone in to her unit for another 3 hours. The police were involved to gain access to her unit to shut the water off. Unfortunately by this time my whole unit was flooded. At this point my insurance, their insurance and the HOA all say that they have no liability. What should I do????
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 7 months ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

This depends on who is at fault...

If you want to force someone else to pay you must prove they were at fault to some degree

Can you tell me

1. What was the cause of the leak? Was it ever determined? Can you point to either the occupant or the HOA as the fault?

2. What do the HOA bylaws say about the piping (if you know)?

Customer: replied 7 months ago.


The cause of the leak was a pvc connector that was broken in the other unit bathroom. The owner of the unit had rented her condo to a lady. This renter knew she had a leak and when I knocked on her door to tell her my unit was getting water from her leak. she would not talk to me and would let nobody in to shut off her water. It took over 3 hours and the police to get into the unit. The policeman said the lady was drunk and a police report was filed.


 


At the beginning of this leak, I had 2 rooms with water and by the time the police got into her unit and got the water shut off if was 3 hours later and now my own condo had water in all the rooms.


 


I cannot find anything in the condo bylaws that talks about piping.


 

Expert:  P. Simmons replied 7 months ago.
That helps...that is, if there was a tenant in the unit and they knew of the problem and did not take steps to resolve? That is going to make it easier to hold them liable.

One more question...have you approached the landlord (who rented to the lady) to see if they can help you fix this problem? if so response?
Customer: replied 7 months ago.


We have been in contact with the landlords insurance and claim was denied.

Expert:  P. Simmons replied 7 months ago.
Thanks

Then you need to go after the landlord.

What you describe? They are liable. Specifically, they rented to a person and that person caused the damage. More specifically, had this person (the lady who was the tenant) acted reasonably when requested and allowed you access to stop the leak? You would not have the damages you do now.

And since the landlord rented to this person, they are liable for their actions.

If their insurance will not pay? Not your problem.

You can sue them in small claims court to recover the money required to repair your home.

Please let me know if you have more questions, happy to help if I can

P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 26059
Experience: 12+ yrs. of experience including real estate law.
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