If a leak insideupstairs floor condo caused damage to my condo, is that condo owner responsible for the cost of repairs to my unit?

A toilet leak/overflow in the upstairs condo leaked through the floor and into my condo causing damage to the ceiling and 1 wall. I believe this was the result of a plugged up toilet that the tenant flushed and then left the unit. According to NC law, is the owner of that unit responsible to cover the cost of repairs to my unit? Total repair costs this time were $225. I cannot claim this on my insurance and the condo association does not cover damage to a condo resulting from a leak inside another condo unit. This is the 2nd time a water leak inside his condo caused damage inside mine.

Asked on January 5, 2011 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, it is the same situation as if you owned a piece of real property in the form of a free standing home and your neighbor's septic tank overflowed in to your yard causing a flood in to your basement.  The responsibility for repairs would be that of your neighbor.  But you really need to make sure that it is not something that is stopped up in the pipes of the building inside the walls.  That could be the responsibility of the condo association as well.  Now, you may be able to claim this on your insurance and they could subrogate the claim as against the owner upstairs (they would sue him on your behalf).  However, if you have a large deductible then this may not pay.  Good luck to you.


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