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We live in on the 2nd floor condo of a complex.. tonight our…

Customer Question
We live in on...

We live in on the 2nd floor condo of a complex.. tonight our tenant said the first floor tenant stated water was leaking from the ceiling into their bath tub

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Ca

Lawyer's Assistant: Has any paperwork been filed?

No i just went over there and took pictures of the 1st floor unit our plumber is coming out tomorrow to open the ceiling downstairs... i've talked to that landlord already to meet with them to access their property wtih them

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Whose responsibility is it in this case?

Submitted: 4 months ago.Category: Landlord-Tenant
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Answered in 6 hours by:
12/13/2017
Lawyer: Lucy, Esq., Attorney replied 4 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 31,962
Experience: Attorney
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Responsibility is going to depend partially on how the leak occurred. For example, if the upstairs resident flooded their bathtub or toilet and that's where the water is coming from, that's negligence. They would be responsible (and should have insurance to pay for the damage). If the pipes started leaking due to age, corrosion, or things like that, the HOA should be responsible. Ordinarily in a condo, the owners are responsible for the walls and everything inside them. The association is responsible for maintaining/repairing things inside the walls. You may want to read through the condo documents while waiting for the plumber to arrive.

At the same time, you have an obligation to your tenant to ensure that they have a safe and habitable place to live. If that's the only bathroom, you'd be obligated to put them up in a hotel until it's repaired. They still have to pay rent during this time. You can recoup your expenses from the upstairs owner if this turns out to have been caused by negligence.

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Lawyer: Lucy, Esq., Attorney replied 4 months ago

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Lawyer: Lucy, Esq., Attorney replied 4 months ago

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