What to do if a neighbor’s humidifier leak caused water damage in my condo a 2nd time within 1 year?

Our condo management sent notices to all units starting 4 years ago regarding water leaks from in-unit humidifiers and asked that the condenser line be turned off to prevent water damage. The unit above mine is rented out and the tenants continue to turn on the water supply to the humidifier. Last year, the humidifier leak went through our unit and into the unit below ours, who reported it since we were not home. Our insurance covered the damage. A month ago, the same exact leak scenario happened. We contacted the owner directly but he is not responsive. Is he responsible for the damage?

Asked on September 7, 2011 under Real Estate Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the owner of the upstairs unit is aware of the possible damage that can be caused to your unit as the result of his or her tenants no shutting off the humidifier and does nothing to warn his tenants to be careful as to its use and damage occurs, then both the owner of the upstairs unit and his or her tenants could possibly be responsible to you for their negligence and all resulting damages to your unit.

Your damages could consist of the costs of repairs, accrued interest on the repairs and lost rent.

You need to call and write both the owner of the other unit and the tenants about the continued problems resulting from the use of the humidifier and that any future problems will result in them being held liable for your damages.

Good luck.

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