How can stop my upstairs condo owner from flooding my apartment?

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How can stop my upstairs condo owner from flooding my apartment?

My condo ceiling is leaking 6 days now. Upstairs condo owner has cracked toilet. He does not want to cooperate. What I can do to force him to fix a leak? I called upstairs condo owner and he told me about cracked toilet. I called the association. I filed a claim with my insurance company.

The adjuster is going be at my apartment in 2 days but leak is still active.

Asked on July 11, 2016 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The only way to stop him would be to file a lawsuit on an "emergent" (think "urgent" or "emergency") basis, seeking a court order requiring him to fix the leak or otherwise stop flooding you. Doing this is procedurally complex, especially if you are going for the fastest kind of court order, a "temporary restraining order" or "TRO"; you are strongly advised to retain an attorney to help you, rather than doing this yourself. In the course of this legal action, you can also seek monetary compensation for your costs, losses, and damages.


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