how do you handle water entering our neighbor house which affects our attached home and cause mold odor? What legal optionsare there?

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how do you handle water entering our neighbor house which affects our attached home and cause mold odor? What legal optionsare there?

We live in attached home and our neighbor, who is renovating her home, has left spaces between her window which permits rain to enter and seep into our unit. We are experiencing the smell of mold which we have addressed to her and also showed her the areas that require attention. I covered one window with plastic sheeting as a example to show her what could be done. Todate, nothing has been done to resolve this issue.

Asked on May 25, 2009 under Business Law, New Jersey

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Another alternative that might provide you with a fast response would be to explain the situation to your municipal health officer and code enforcement official.  By law, any renovation like this requires a building permit, and that permit has to be posted in a place that is visible to the public.  You can copy down the permit number, which will help the construction official track down the file more quickly.

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This is unfortunate.  I suggest that you make a complaint to the landlord or condo association or whoever else is in charge there to complain about the odor.  If you cannot get any resolve on that end I suggest hiring a lawyer to file a claim against the owner/renter for private nuisance and/or an injunction.  You have to hire a lawyer as this is complicated and you need to do it the right way the first time.  Before you take legal action, i would write a letter warning the neightbor of legal action so the neighbor cannot later say you were not polite.


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