What to do if I have a condo and the person above me has leaked water in my unit?

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What to do if I have a condo and the person above me has leaked water in my unit?

Repairs were $800 and the person responsible has admitted liability to me and a third party. I have photos of the damage and have a signed statement from the 3rd party person who witnessed her admission. Homeowners Choice first wrote to me saying they had no responsibility because their client “committed the act accidently,” unbelievable as this may be. They now say they will not pay the damages as I cannot prove it was the condo above that did it ! This despite the admissions and the photographs. She actually took us (2 x people) into her unit to point out where the leaks emanated from. What can I do next ?

Asked on November 26, 2012 under Real Estate Law, Florida

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

I suggest that you bring a claim in small claims court against the other condo owner.  You have no right to bring a claim against her insurance company since her insurance is a contract only between her and the company.  The owner, on the other hand, is responsible for this.

Unfortunately, in most counties, it will cost you about $300 to file the claim and $45-90 to have it served.  Fortunately, if you win the court will order the other person to pay you back.  You do not need an attorney in small claims court, and the forms are available online.  Google your county's "small claims court" and you will probably find the forms.  I know they are available in my county (Pinellas).

It is not worth hiring a lawyer on an $800 claim.


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