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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I live in a coop. My ceiling has watermarks on it due to the

Customer Question

I live in a coop. My ceiling has watermarks on it due to the water coming from the bathroom above and they had a flood on their bathroom floor
The owners rented out the apartment and the couple that lives there was away on vacation
when it happened. They figure the housekeeper must have caused it when working on the toilet as the super saw the toilet was the cause when he examined it.
The insurance companies said the owners aren't responsible as they weren't there-so is it my fault and I pay?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
No, you do not pay, the owners pay (or their tenants). Since you are not sure who caused the damage, but the damage was clearly caused by someone on that floor AND the damage was due to negligence, you can sue them all as co-defendants for the costs of the repairs. I am assuming that each insurance company is pointing at the other, which still does not bar you from personally filing suit against the top owner and tenants for the harm caused. The housekeeper, being an agent of the tenants, creates a relationship under which the tenants are liable for her acts (so if they blame her, they are still not shown that they aren't liable under the facts).
Dimitry, Esq.

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