What can I do if I live in a condo building and the unit above me has a leak that is coming into my ceiling but they refuse to have the problem fixed?

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What can I do if I live in a condo building and the unit above me has a leak that is coming into my ceiling but they refuse to have the problem fixed?

The association had a plumber come out to assess the damage – it is definitely coming from their condo. Now the plumber is trying to schedule time to come out via the association and the tenant will not respond. They have also changed their locks. Meanwhile, our ceiling continues to get worse and worse. What legal action can I take either on the association or the tenant? The leak is physically in their unit.

Asked on November 14, 2011 under Real Estate Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the tenant and the association if the association does not assert its position to have a common plumbing issue fixed. If it is common plumbing, the association must repair and reimburse you for damages or have your damages repaired at its cost. It will need to seek legal counsel to enter the unit or contact the building and safety department in your county or city to intervene and help get these tenants to either open up or move out.


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