Q: I own my apartment. My upstairs neighbor is renting and causing recurring damage to my unit. How can I protect myself?
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I live in a condo. I own my unit. The unit above me is being rented out. The tenant has caused leaks that have damaged my property. 6 leaks in 2 years. This year alone we had to fix the ceiling of the bathroom, living room and patio sliding door. The last repair was LAST MONTH. Another leak just happened this weekend.
I have notified the owner every time. The tenant makes up stories. I have videos of each event and a record of all the communication with the owner. The owner has reimbursed me for $2k to fix damages this year.
The owner is "responsive", but she hasn't really taken action. Her tenant continues to cause damages to my property. She has yet to contact an attorney oven though she said she would. It's clear to me she will not act before I have additional damage, so I would like to understand my rights. How can I protect myself and act vs the homeowner and tenant that is causing damage
A: You have options but it doesn't seem like you have exercised them yet. The following are some options are available to you: open a claim with the owner's insurance for each occurrence; open a claim with your own insurance for each occurrence; sue the tenant and owner in court for the cost of repairs; etc. The best options would require a more extensive private consultation with an attorney.
A: You have the right to enjoy your property without interference. Given the recurring damages, you can consider taking legal action against the upstairs unit owner for negligence, breach of the homeowner's association rules, or other potential claims. Additionally, ensure you document all damages, keep detailed records of your communications, and consult with an attorney to assess the best strategy for recourse, which may include a formal demand letter or litigation.
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