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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 116716
Experience:  Attorney with over 24 years experience.
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I live in a condo located on the 2nd Floor. The condo owner

Customer Question

I live in a condo located on the 2nd Floor. The condo owner on the 1st floor has complained of water damage from my condo,however, has refused me entrance to view the damage. i have now been served with court papers in small claims court for $5000. for water damage. What recourse do I have.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 2 years 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.
He has to provide proof of the damage and proof that it was your condo unit and not the common area pipes that the association is liable for that caused the damage. So your response is you need to file a motion for leave to conduct discovery in the small claims court to ask the court's permission to send a request for production demanding proof from the plaintiff of the damage being caused by your property.
Your alternative is to have a plumber come over to your property and examine your plumbing for leaks to determine if it is your pipes that could have caused damage to the unit below. Then when you go to court, the plaintiff must produce bills, photographs, inspection reports or witnesses to testify to the damage was caused and what caused it or they cannot prove their case.
If they produce any damage proof, then you would use your own expert to refute that it was your liability if you have a plumber inspect your plumbing for leaks that could have caused such damage.
These are your options.

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