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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110405
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My condo ceiling is leaking 5 days now. Upstairs condo owner

Customer Question

My condo ceiling is leaking 5 days now.
Upstairs condo owner has cracked toilet.He does not want to cooperate.
What I can do to force him to fix a leak?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to demand the association, who would have access to the water in the upper unit turn off his water. Next, you need to prepare to sue the owner for intentional damage to your premises since they knew of the leak and refused to cooperate and turn off the water thus causing more damage intentionally to your premises. You can actually sue for punitive damages since you likely can show the court that this willful refusal to fix the leak or turn off the water was willful and malicious on the part of the owner and the association as well, since the association has at least a duty to turn off the water to prevent any other damage once they are notified of the leak.

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