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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2242
Experience:  Experience in residential real estate and commercial leases.
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I own a condo on the 2nd floor. the owner above me water

Customer Question

Hi! I own a condo on the 2nd floor. the owner above me water pipe broke and did excessive damage to my ceiling lucky above my tub. He is selling his condo so he said he would fix the water pipe but not my ceiling. Can I take him to small claims court and put a lien against his condo until he fixes my ceiling?
JA: Because laws vary from place to place, what state is this in? And can you tell me what's been officially filed?
Customer: Nothing has been officially filed yet. and this is for Houston, Texas
JA: Has anything been filed or reported?
Customer: Only reported to the Realtor who is selling his place and to the Property management company.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 8 months ago.

Hello and welcome to JustAnswer. My name is ***** ***** I am an attorney who will try my very best to help with your situation or get you to someone who can. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry you are dealing with this situation. You could attempt to bring an action in small claims asserting the upstairs condo owner's liability for broken pipe. If a judgment is awarded in your favor, at that point a judgment lien can attach to the property. A judgment against the upstairs neighbor will need to be entered before a lien can be filed. This means there is a chance the property could be sold before this matter is resolved.

If you have insurance, you should immediately tender a claim to your insurance company and let them go after the neighbor to seek reimbursement.

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