Who is responsible for water damage in an upstairs unit?

In most cases, the unit owner above you is responsible for water leaks that originate in his or her condo. Notify your insurance company, and keep them updated during the repair and cleanup process. Residential water damage from the upstairs unit can be accidental, or it can be the result of negligence.

What happens if there is water damage in an upstairs condo?

In most cases, accidental water damage from the unit above yours is covered by your homeowners insurance on your condo and belongings. If it’s possible to prove the damage was preventable, your insurance company may pursue further action with the neighbor’s insurance carrier.

What happens if a landlord does not repair an apartment?

If the repair is not completed within this time period, the landlord may owe the tenant damages, the tenant could be allowed to move out of the rental unit, the court could hire a third party to complete the repairs or the landlord could be fined. In order to enter a tenant’s apartment, landlords typically have to give notice.

What to do if you have a water leak in an upstairs apartment?

These are the most common causes of water leaks from upstairs condos. Your insurance company will want to establish exactly what happened so that they can assess liability and settle your claim. When you speak to your agent, make sure you share contact information for your HOA, your building’s maintenance manager and the upstairs neighbors.

What happens if there is a leak in an upstairs apartment?

The neighbors upstairs may or may not be responsible for the leak, but that shouldn’t affect your coverage. Your insurance carrier has the legal right to subrogation. This means that the company can seek to recoup its loss if the upstairs tenants or building owners are determined liable for damages.

Can a tenant refuse a landlord entry for repairs?

The tenant can only refuse the landlord entry for repairs if the repairs are non-essential repairs that can be postponed until after the tenant moves out. If the repairs are urgent or need to be done before the tenant moves out, the tenant will need to allow access.

Is the upstairs neighbor walking unreasonably loud?

The apartments are in fact built to the “condo spec” standard that we were told of before signing the lease, and the upstairs neighbor is continually walking unreasonably loudly. 2.

What to do if a tenant refuses to move out?

Send them a copy of the lease as a reminder of what your rights are as a landlord. Send them a notice to allow covenant or quit the property. Wait until they move out. As you’ve read with the refusal for inspection and repairs, sending notice and forcing the tenant to allow access can cause a lot of stress and strain for both parties.