What to do if a neighbor’s humidifier leak caused water damage in my condo a 2nd time within 1 year?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if a neighbor’s humidifier leak caused water damage in my condo a 2nd time within 1 year?
Our condo management sent notices to all units starting 4 years ago regarding water leaks from in-unit humidifiers and asked that the condenser line be turned off to prevent water damage. The unit above mine is rented out and the tenants continue to turn on the water supply to the humidifier. Last year, the humidifier leak went through our unit and into the unit below ours, who reported it since we were not home. Our insurance covered the damage. A month ago, the same exact leak scenario happened. We contacted the owner directly but he is not responsive. Is he responsible for the damage?
Asked on September 7, 2011 under Real Estate Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the owner of the upstairs unit is aware of the possible damage that can be caused to your unit as the result of his or her tenants no shutting off the humidifier and does nothing to warn his tenants to be careful as to its use and damage occurs, then both the owner of the upstairs unit and his or her tenants could possibly be responsible to you for their negligence and all resulting damages to your unit.
Your damages could consist of the costs of repairs, accrued interest on the repairs and lost rent.
You need to call and write both the owner of the other unit and the tenants about the continued problems resulting from the use of the humidifier and that any future problems will result in them being held liable for your damages.
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.