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Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 5162
Experience:  Licensed to practice before state and federal court
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I own a condo and the unit above mine has two leaks -

Customer Question

Hi. I own a condo and the unit above mine has two leaks - bathroom and HVAC and the owner will not fix them. He won't return my calls either
JA: Have you talked to a real estate attorney about this?
Customer: Not yet. I don't know which type to try to find
JA: Where is the property located?
Customer: Sandy Springs, GA
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am trying to sell it and i can't with the leak leaks
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. This appears that you may have two causes of action against two entities. The first is going to be for nuisance against the condo unit above you. A nuisance is a substantial in unreasonable interference with the use and enjoyment of one's land You may want to consider just writing a formal demand letter that they repair the matter immediately.. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

The other cause of action is going to be for breach of contract against your HOA, if you have one. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. In your case, they are required to fix these kinds of issues within a reasonable time and if they don't they're breaching the contract that you have with them. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?