What is abank’s reponsibility to maintain an abandoned propertyit ownthrough foreclosure?

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What is abank’s reponsibility to maintain an abandoned propertyit ownthrough foreclosure?

We own a condominium where the unit next to ours has been abandoned and is now owned by a bank. It has fallen in to a state of serious disrepair to the point where it could have a serious impact on the condition and value of our unit as well as the unit on the other side. For example the roof in the abandoned unit leaking and the living room ceiling has fallen in. We are concerned about water damage to our unit as well as mold and insect infestation. What can we do to see that the banks maintains its property?

Asked on August 9, 2011 Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

All owners of real property have an affirmative obligation to maintain their property in a safe condition so as to prevent damage or injuries to third parties or other property.

If the adjoining unit is falling into disrepair to the point that it is physically causing problems to your property, its owner is responsible for the damages to your unit.

You have the following options to rectify the situation you are facing:

1. contact the owner of the property stating specific problems with it needing to be fixed;

2. contact you homeowner's association about the problems with the adjoining unit;

3. contact the local permit and building department and lodge a complaint about the unit as being unsafe and a possible nuisance;

4. contact a real estate attorney about making a claim to the adjoining unit's owner for property damages to your unit.

Good luck.

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