What to do if my condo leaked into a unit below?

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What to do if my condo leaked into a unit below?

The person in the unit below didn’t have insurance and asked the HOA to file a claim for the damages. The HOA did and the cost to do repairs was just under our deductible. Is there a precedent for us to sue the owner (or maybe insurance company of the owner) of the unit that caused the damages or are we stuck with paying what under the deductible?

Asked on August 16, 2013 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you write, it appears that you are a renter in the unit, not the owner--you say it was your unit that leaked, but ask about suing the owner of the unit.

If that is the case, then--

1) If you are renters, you should not be responsible for the leak unless it was either a) something you agreed (such as in the lease) to take responsibility for, or b) you were actually at fault in causing it (for example: overflowed a bathtube).

2) If you are renters and someone does get a judgment against you, you should be to sue the owners if they are at fault or responsible (such as through not providing adequate or timely maintenance) to recover any amounts you are liable for.


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