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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110539
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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A pipe had busted in another unit for a week and it had

Customer Question

A pipe had busted in another unit for a week and it had spread into my unit and they had tried to clean it up but they sprayed benzine and I end up going to the hospital behind the chemical reaction August 28 and have not been back to my apartment since
Submitted: 1 month ago.
Category: Real Estate Law
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 1 month 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.
What is your question for us about this matter?
Did you notify the association as well as the other owner?
I will send a phone request, which is a premium service, or you can use reply here. Thank you.
Customer: replied 1 month ago.
As soon as I found the water in my apartment I went and told the asst. manager on Saturday and then the manager on Monday I ask her if they were going to change the carpet she told me No I told her due to my medical condition that I could not be in that apartment with that chemical that they had sprayed then an argument happen then I left I called corporate office /they didn't respond until the day I went into the hospital due to the chemical that they had sprayed which was on the 7/28 and they change the carpet that same day so the doctor told me that i can't not be in the apartment because the chemical caused a irritation and I haven't been home since but to just check on my apartment.I tried to talk to association but know one has called me back.
my #(###) ###-####
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
You need to start by filing a claim with your homeowners insurance, the other owner's homeowner insurance and also the association's insurance. The reason being is some of the damage is going to be covered by each entity.
The owner of the other apartment is going to be primarily liable, but if the pipes are in the ceiling or wall those could be the liability of the association's insurance. As far as damage inside your premises, your insurer would cover those damages.
However, that is the first thing you have to do, file the claims with the insurers before you can proceed any further.
Customer: replied 1 month ago.
What about the chemical irritation to me I have been out of my home since the 7/28 i walked in my house checking everything out step on two rusty nails fell backed hurt the lower part of my back and was told I have two expand disc and a third one trying to expand I reported it to the office and their corporate office they told me there is nothing they could do and that why i have rental insurance. statefarms only paid for four days in the hotel
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
The time you cannot use your premises is part of your insurance claims against the other owner of the unit, your landlord and the association.
As far as you falling in your apartment, I am afraid they are not liable for that. They are liable for the damage to the apartment and your loss of use of the apartment. If you are renting, the landlord is liable to put you up in another property or not charge you rent until the premises is habitable.
If the landlord and association insurance is refusing to pay, then you need to go to a local attorney or legal aid if you cannot afford an attorney and you would be able to sue the landlord, the other unit owner and the association for the damages to the property and your loss of use for the property not being habitable.

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