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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.


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