What to do if the condo above me has a toilet leaking?

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What to do if the condo above me has a toilet leaking?

The son put a new seal on this past spring. I got my ceiling fixed and the owner with the leaking toilet reimburse me. However, this summer it started leaking again. I asked the son what is the problem. He stated, ” It’s that craked floor. The toilet doesn’t fit on the rim. I’ll put 2 seals on”. The toilet started leaking again last month. Now, the owner and the son are denying everything .

Asked on December 6, 2012 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When someone else damages your property through negligence, or unreasonable carelessness--such as by not properly making repairs or correcting a situation after notice to do so--that person may be liable for the damage you suffer. If that person will not voluntarily honor his obligations, your recourse is to sue for the money. One good option is to sue in small claims court, where you can act as your own attorney, saving on legal fees. You would need to prove the source of the leak; that you've given then notice of the problem but they have not fixed it; and the amount  of damage or loss you have suffered.


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