What legal action can my mom take if her neighbor caused a flood in her place which has now caused mold to grow?

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What legal action can my mom take if her neighbor caused a flood in her place which has now caused mold to grow?

My mom owns a condo. She does not have homeowners insurance and does not have the money to fix it since the condo complex said it is not their responsibility and the neighbor above denies any wrongdoing. What are her options?

Asked on December 28, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If  she believes the neighbor was at fault in causing the flood--e.g., he let the water run and overflow in the bathtub; he did not fix leaks which he knew about, letting them get worse; etc.--then she could sue him to recover the value of destroyed property and the cost of repair/remediation. When someone negligently  (unreasonably carelessly) or intentionally damages another's property, that person can be held liable for the damages and cost.

Or if the association/complex may be liable--maybe they did not do proper maintenance; or fix some external leak which was their responsibility; or installed below-code plumbing; etc.--she could possibly sue them.

From what  you write, it would be worthwhile for her to consult with an attorney about her situation in detail, to explore her options.


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