Upstairs leaking causing water damage...

5 Replies

Hi guys, first time post here. I have a first floor condo rental. Yesterday night, 2nd flr unit water heater was broken and dumped all the water to my unit. So I got wet carpet, water heater closet all wet, and wet living room walls. The 2nd flr owner called me and offered to fix my water closet by himself. But there are more than water closet to fix including electrical wiring inside the walls. So I told them I would rather have them file insurance claim and have properly licensed contractors do the work. In parallel, HOA sent an inspector to inspect the damage, but 2nd flr unit already replaced everything up today. So the inspector said all he can say is water in my unit is from upstairs, but he cannot tell for sure if it was pipes responsible by HOA or 2nd flr unit's water heater that has caused my water damage. Now both HOA and 2nd flr unit are turning their back on me. My tenant seems ok for now. But I want to fix everything quick before more moisture damage. What I want to get advice here is what options I have to get the responsible party to pay my repair cost. I have asked the 2nd flr owner to file insurance claim. I also asked HOA to either help me mediate or clarify whose fault it is (HOA vs 2nd flr owner). But if they just ignore my requests, what should I do to get them do the right thing?

Thanks!

Lee

I'd say pay for it yourself, file with your insurance and let them fight whoever for reimbursement.

Make sure you take lots of pictures and might want to get a couple written estimates for the insurance companys.

Get whatever documentation you can from the HOA. Take lots of pictures of the water damage in your unit, including ceilings/walls/flooring and any other damaged areas.

I would call my insurance company & explain it as "accidental flooding into your unit from the unit above"

Thank you all for the reply! But if I file insurance, deductible will be from my own pocket. That'd be a big part of the total payment. Will Insurance company help me also to pursue the deductible reimbursement? 

Originally posted by @Lee Hao :

Thank you all for the reply! But if I file insurance, deductible will be from my own pocket. That'd be a big part of the total payment. Will Insurance company help me also to pursue the deductible reimbursement? 

 Hi Lee,

My company is dealing with this right now and I can say it's a bit of a headache. The 2nd unit has a cracked bathtub (owner admitted over the phone) so whenever the tenant would take a shower or bath the water would drip down in my unit.  Long story short: The 2nd level owner fixed the bathtub and told our owner to prove the leak actually came from upstairs...

To answer your questions: We have been advised by our attorney to get the 2nd unit insurance information and provide it to our clients (homeowner of downstairs unit) insurance company, and to pay whatever deductions. The insurance company will then go after the other owners insurance company once they find it was actually caused from the upstairs unit. You then will get full reimbursement. 

Thanks, Robert! Yes, I am doing exactly what you said here. Repair is taking place right now.

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