HVAC leak on 4th floor caused damage to our ceiling 2nd time

HVAC leak on 4th floor caused damage to our ceiling 2nd time

Member since 2024 · 1 post · 0 votes

Hi All,

I am new to this forum and looking for some help with this issue that i have with my condo that is rented out. About a month ago our renter called to say that the water is leaking through the air vent from the ceiling. They went upstairs and found out that the HVAC unit was clogged two floors above us that caused the water to leak into our unit. The owner whose HVAC was clogged has been uncooperative and is refusing to pay us the cost of the damages. They now say that we need to do technical analysis to prove water is coming from their unit and not from any other unit.

We have cracks into our ceiling and the drywall needs to be replaced. Our HOA says that since the leak is in the unit, it's between the unit owners. At this point we are not able to find a solution except that we need to hire a lawyer which will add to the cost. IS there a way to make them pay for this especially bcos they are not keeping up with the maintenance of their HVAC unit and this is the second year in a row that this damage occured?

All the HVACs in the units above us have their drainage such that the water falls on our unit. IS there anything the building can look into to fix this issue?

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    1y
    Quote from @Chinku Prasad:

    First, you can contact your insurance provider to see if they will cover the damages and then pursue compensation from the other party. 

    If insurance won't handle it, then I recommend you document it heavily with pictures, dates, etc. Get a qualified contractor to verify the cause and then make the necessary repairs. After the repairs are done, send a bill to your neighbor demanding payment within 30 days or you will sue. If they don't pay, take them to small claims court.

    https://www.njcourts.gov/self-help/small-claims-court

    The DIY Landlord Book4.7248 Reviews
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    1y

    As Nathan suggested go to your insurance company... they will go after the person that caused it.

  • Dominic RosatoBusiness Member
    Real Estate Agent · Jersey City, NJ · Member since 2022 · 82 posts · 61 votes
    1y

    One thing to be aware of regarding insurance- Once you submit the claim, no matter the dollar amount paid (even $0), it will be on your record for 5 years. That could greatly increase your premiums or even get you dropped, so don't make that decision lightly! Determine if the payout (post-deductible) would even be worth it. This is coming from someone who worked in the insurance industry.

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