What can I do to force my upstairs neighbor to fix her plumbing issues?

UPDATED: Jul 13, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 13, 2010Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do to force my upstairs neighbor to fix her plumbing issues?

I live in a condo and the bathtub in the unit above me has been leaking off and on for years now. They claim to have had a plumber in to fix it, but no one has ever come to my unit to verify that the leaking has stopped. Is there anything I can do to force them to actually get it fixed properly? The condos are individually owned; I have talked to the HOA but nothing has been accomplished. I have had my ceiling repaired several times because they have told me that the leak had been fixed but now it is leaking worse than ever and my ceiling has begun to collapse again from the leak.

Asked on July 13, 2010 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can bring a legal action against your neighbor for the damage she is causing to your property--whether it is being caused negligently (carelessly) or intentionally (willful or deliberately), she has no right to cause damage to your unit. You can sue her for monetary (money) damages--the cost to repair the ceiling, and as well as the cost to replace any carpet, furniture, etc. damaged by the water; and not just for the current time, for previous repairs as well--as well as potentially for a legal order forcing her to make the repairs. You should consult with a real estate attorney about how best to vindicate your rights. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption