What are my rights if a leak from the condo above caused mold in my unit?

UPDATED: Jul 19, 2010

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What are my rights if a leak from the condo above caused mold in my unit?

I noticed a 12″ patch of mold on the ceiling of the closet where my furnace and water heater are located. The unit above me has the same design, so I am sure that the damage is being caused by the upstairs water heater. I have contacted the owner to view the damage and call in a plumber and contractor. He has not and refuses to do so. What action can I take? Seeing as if his water heater is faulty, simply fixing the problem on my end will not solve the larger issue.

Asked on July 19, 2010 under Real Estate Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

May I ask: do you have confirmation that the above water heater is the problem or are you just assuming?  Did you put the condo association on notice as well?  You should have.  Just because the leak is coming from above and you have supposed that it is does not mean that the cause is owner related and not "common area" related.  What if it is the pipe inside the wall connected to the water heater?  Most condo associations will try and pass it off owner to owner.  But you won't know until it is inspected. If the condo association won't help call the Department of Health and report the mold  That should move them to action.  And ask to make a claim on the condos insurance. If it is an "owners" problem then you will need to sue him or her.  Good luck.

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