My 7th floor apartment ceiling is damp due to a leak on the 8th floor. Who pays for the repairs of the leak?
Saturday, July 31st, 2010 at
10:25 pm
The Building Association says that I have to pay 50% and the Association pays the other 50% to repair his leak as the leak is affecting me, not him. I say that he has to pay 50% and the Association the other 50% to repair the leak as it is a problem on his property that is damaging my ceiling.
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Tagged with: 7th Floor • Building Association • Floor Apartment
Filed under: flat renovation
in my apartment… if the apartment above us has a leak, they are responsible for all the damage it makes, including any apartments below them
What’s the cause and origin of the leak? If it is due to some alterations made by the people on the 8th floor then they’re responsible — provided it can be proved.
Sometimes, even rain water can cause serious structural damage, in which case it’s the concerned association bears most of the cost. This however is a negotiable aspect.
Since you didnt cause the damage and the damage is the result soley of the other occupant then it is their responsibility to pay 100% of the cost of repairs to their own apartment and also to yours.
seek the advice of the tenancy bureau and take photos of the damage caused and all details of the event dates ,explanation of what exactly the problem was and so on.
seek legal advice be sure to keep anything you get in writing and persue your case you have a good chance of getting the other tenant to cover the costs 100% if necessary take him to court.Good luck
If this is a condominium, then you own the air space within the rooms, and the plumbing in the walls is part of the common elements, as is the roof, the lawns, and such. the pipe leak would be a common element and the repairs would have to be paid entirely by the condo association; this is why you have a ‘maintenance fee’. You should have insurance, which would pay for the damage to the ceiling, but the pipe is the building association’s responsibility.
If it was a washing machine or a bath tub that overflowed then the responsibility would lie with the upstairs tenant.
I once had an insurance company for another driver tell me that they would only pay 50% of the damage to my car when he hit me, even though I was standing still in a line of traffic at the time and they claimed I was 50% at fault. I told them hell would freeze over first before I ever agreed to such a settlement. They then promptly paid 100%.
Similarly, in your case, if I were the building association, I would claim that you were 100% responsible since you chose to live under the leak.
An Answer with questions…did you go up stairs and over flow hes toilet,bath tub,dish washer,sink,washing machine,install the plumbing, any thing of this nature? Probably not, so how could you be responsible for this mess? Sometimes you gotta kick a little _ _ _ let them know who their dealing with!!!
Anybody but you unless it is one of your plumbing pipes (most likely not). If they shuffle their feet in getting it fixed, remind them of the serious health issues associated with mildew and mold. A big legal liability issue.
My experience is that the landlord is responsible for repairs to his building including the ceiling and walls. Your responsibility is to have your personal property insured in case of damage. If you check with your personal insurer you may find this to be true. You should not and can not be held responsible for his repairs unless your negligence caused the damage!