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Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6423
Experience:  20 years professional experience
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The condo above ours had leak in their hot water line that

Customer Question

The condo above ours had leak in their hot water line that leaked into our downstairs condo. It caused mold which caused us to have to remove the shower and part of the dry wall to dry out and repair. Is the owner of the upstairs condo responsible for the repairs? His insurance company is only offering $1000 to cover the over $4000 it cost us.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year 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.
Yes, the upstairs owner is liable for all damages his unit caused to other units. So if his condo leak caused damage to condo units below, his insurer is liable. Your insurer should be fighting with his insurer for payments. Your insurer is responsible to pursue and represent your interests under terms of your contract of insurance.
If your insurer refuses, since this has been going on coming up on a year, you have the right to sue the unit owner in small claims court over this matter, as no attorney is necessary in small claims and you can sue for up to $10,000 in small claims. Small claims suit generally speeds these issues towards settlement, because his insurer is not going to want to go to court to defend this when the damage was obviously caused by a leak from his unit.
Customer: replied 1 year ago.
Expert:  Maverick replied 1 year ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 1 year ago.

I see a note that you requested a new expert on this. Can you please tell me why so I can determine how we may be of further assistance?