What happens if my upstairs neighbor toilet overflows and all the water comes into my bathroom in my condo?

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What happens if my upstairs neighbor toilet overflows and all the water comes into my bathroom in my condo?

Also, they refuse to fix it.

Asked on June 22, 2015 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If they were not at fault--for example, it was an unexpected one-time problem caused by nothing out of the ordinary done by them--then they would not be liable and the only compensation you could get for any damage, cost of repairs, etc. would be from insurance, assuming you had applicable insurance.

However, if it's happened more than once, so that the neighbors are aware that there is either a problem with the plumbing and/or something wrong which they are doing (e.g. a child is flushing toys, diapers, etc. and clogging the toilet) and they refuse to fix or correct the issue, then they would be acting in a negligent, or unreasonably careless in regards to their duties, fashion. That in turns means that they would likely be liable for all your costs, damage, and losses. If they will not voluntarily compensate you having had your bathroom flooded, you could sue them for the cost to make repairs and replace anything that was ruined; maybe after they get hauled into court and have to pay you compensation, they will realize they need to fix the situation.


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