Q: I need help with a property management dispute in Miami. The management is claiming against me due to a water leak.
The management company of my condominium accuses me (my unit) of causing damage to the unit below and flooding the entire exterior hallway due to a leak that allegedly originated in my bathroom.
My unit wasn't flooded or in any way damaged. They inferred that my tenant ought to have left the faucet open for a long time, but this was refuted. During this time, the tenant was in the unit.
The Association hired a mitigation business, which cost $9200 for cleaning up after the event and generating a report, and without providing any evidence, blamed my tenant's "negligent" actions for it.
For the harm done to that unit, the unit below is now seeking $17,000 in compensation.
I don't have any insurance. The management didn't file a claim with their insurance because everything was rushed, and it seems easier to blame me, who lives abroad.
A:
If the leak was caused by a pipe serving just your unit, even if it did not damage your unit, you are liable. If the leak is caused by your A/C, water heater, dishwasher, drains, toilets, etc., you are liable for the damage. This is why it is important to have insurance -- that and in case of a fire that destroys your unit or even the building.
You will now need to figure out how you can prove your unit didn't cause the damage (hire a qualified home inspector) while the association and the unit owner claiming damages will need to prove you did cause the damage. This means this will likely end up in court with each party providing their evidence. You will have the added problem of the fact that you were not present when this happened and are relying on your tenant's word, which may not be sufficient depending on what the association and the other unit owner have as evidence.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
