Updated almost 4 years ago on . Most recent reply
Water Damage - Owner downstairs issues
Hello again,
So I own a unit on the second story and my tenant (who is being removed and moving August 3rd due to non renewal of contract) has broken their toilet twice.
Water has flooded from my powder room into his powder room twice now within two years that my tenants have lived there.
The owner of the unit below me has threatened me multiple times with legal actions.
It is my understanding that the liability falls on the tenant (since I have had the toilet fixed each and every time within a 24-48 hour time frame).
The Residential Lease Agreement (that I purchased from this website) also states that the plumbing falls as their responsibility.
Any thoughts or ideas on what I should do?
Most Popular Reply
Is this a condo? Check your association docs as to who is responsible between you, your neighbor downstairs, and the association. As far you vs the tenant, you are responsible unless you prove gross negligence, willful misconduct, etc. these are high legal bars to hop over so you are responsible in the landlord tenant relationship realm. Your responsibility/relationship with your fellow owners and the condo association is defined in the association docs.