Dealing with mold and leak disputes with a neighbor/landlord

Dealing with mold and leak disputes with a neighbor/landlord

Member since 2022 · 27 posts · 2 votes

Hi everyone,

I’m dealing with a situation with my downstairs neighbor. There’s a leak coming from my unit, and a small patch of mold and some mushrooms have grown on their ceiling. I’m wondering how long it takes for these to grow and whether any of this might have contributed to their delayed reporting of the mold.

Now, the neighbor wants me to fully cooperate with inspections. He insists on first hiring a mold remediation company to remediate the area before even opening the ceiling to identify the leak. The quote he got is about $2000, and he says if the leak is from my unit, I have to pay. On top of that, he wants to continue checking further behind the ceiling, and any additional mold found would also be my responsibility.

I haven’t agreed to this because there’s no way to know if the mold behind the ceiling is from my leak or something else. In my opinion, this is a relatively minor issue. Even though there’s some mold, it’s a small patch of ceiling that could just be cut out and replaced.

I suggested he let a handyman come first, cut a small section of the ceiling, and identify the leak. But he refuses and insists on a mold company doing it first.

He’s the landlord himself, has been one for many years. I don’t understand why he wants to escalate this so much—it feels unnecessary.

Has anyone dealt with something similar? How would you handle this situation? Is he giving me a hard time, or am I overreacting?

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  • Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    1y

    What's the ownership arrangement here? Are you an owner, and downstairs is an owner that has tenants in the unit? So these are condos? 

    He can do whatever he wants on his side of the ceiling, including repair the leak possibly. Whether the leak, the repair or the remediation are his responsibility, your responsibility or the HOAs responsibility really depends on the CC&Rs. 

    • Member since 2022 · 27 posts · 2 votes
      1y
      I am owner from unit 2 and he is owner from unit 1(downstair) both of our unit are tenant occupied. I have a sigle women and he has a couple lives on his unit. is two separate unit from a condo. the management company say i will be paying for his leak if is caused by my unit, now he wanted to get mold mediator company before he even open his ceiling to check, also he report is leak so late that mashroom already grow on his ceiling.
      Quote from @Matt Devincenzo:

      What's the ownership arrangement here? Are you an owner, and downstairs is an owner that has tenants in the unit? So these are condos? 

      He can do whatever he wants on his side of the ceiling, including repair the leak possibly. Whether the leak, the repair or the remediation are his responsibility, your responsibility or the HOAs responsibility really depends on the CC&Rs. 


  • Rental Property Investor · Whitefish, MT · Member since 2022 · 37 posts · 8 votes
    1y

    Typically what you'll see for anything that relates to mold or water damage, is that any contractor that gets called out has to take liability for the issue from that point forward. This will translate to them charging what may seem like a lot of money for a small problem, as the chances of having to deal with a problem for an extended period of time are real from that point on.

    That being said, if the other landlord is being unreasonable and requires a contractor to do the work, you may not really have a work-around. You may be able to propose having a handyman do the work and then have a mold inspector come verify the problem is dealt with? May save you a little money. Just an idea.

  • Member since 2022 · 27 posts · 2 votes
    1y

    Thank you @Jonathan Carpenter, If this is my unit, i would just have handyman fix it change the ceiling, but is downstair owner who freaks out and want to get mold remediated company to check and such such. I am very careful how i respond to him because he want me to reiburse for his ceiling opened by a mold company and me to pay if there is any mold behind his ceiling, which i disagree but don't want to say the wrong thing. how should i responde to his request?

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