Raynham, MA asked in Real Estate Law and Small Claims for Massachusetts

Q: Can I get my neighbor to pay for damages to my basement due to his water heater leaking?

In August, my basement was flooded for two days due to water pouring in from the adjacent townhouse. I filed a claim with my home owner's insurance and the master policy. Two different assessors reviewed the water damage. The one representing the master policy went next door, but my neighbor would not let him in and denied any water leakage. He has never been held accountable and now my wall is full of mold. A recent assessment estimates about $4,000 worth of water and mold damage because the wall needs to be replaced. My insurance, finally, only paid out about $1,200 (after a $500 deductible) for water damage, they will not pay for mold remediation or wall replacement. What can be done to have my neighbor or his insurance take responsibility for this damage?

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1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
  • New York, NY
  • Licensed in Massachusetts

A: You may be able to sue the neighbor for negligence and/or trespass in small claims court. See: https://www.mass.gov/small-claims. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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