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Premises Liability Law Issues involved in "slip and fall", "trip and fall" and other premises liability matters.

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Old 10-29-2009, 04:00 PM
MeinnameistDreck MeinnameistDreck is offline
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Default Neighbor's Waste Water Coming Through Ceiling
I live in a 3 family dwelling in Maine (rental). When the upstairs neighbor takes a shower, some of the water from his shower flows down through the ceiling of my pantry. The landlord has been informed of this problem for about two months now. He sends his father to do the repairs, which are inevitably always jerry rigged and substandard. Last night, the water dripped steadily for about 20 minutes. His father came and "looked at the shower upstairs". Tonight the water CASCADED down the pantry walls when the upstairs neighbor showered.
What are my rights as a tenant and how do I make the landlord repair this problem CORRECTLY, as opposed to just jerryrigging it all the time? Thanks.
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Old 10-31-2009, 07:49 AM
SChinFChin SChinFChin is offline
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Default Re: Neighbor's Waste Water Coming Through Ceiling
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I live in a 3 family dwelling in Maine (rental). When the upstairs neighbor takes a shower, some of the water from his shower flows down through the ceiling of my pantry. The landlord has been informed of this problem for about two months now. He sends his father to do the repairs, which are inevitably always jerry rigged and substandard. Last night, the water dripped steadily for about 20 minutes. His father came and "looked at the shower upstairs". Tonight the water CASCADED down the pantry walls when the upstairs neighbor showered.
What are my rights as a tenant and how do I make the landlord repair this problem CORRECTLY, as opposed to just jerryrigging it all the time? Thanks.
Usually, municipalities have "code enforcement" sections, who you can complain to. And if you don't know what department to call, call up your local rep; councilman, alderman, whatever they are called where you are. They would either call for you, which they do in my county, or give you a number to call. If they are up for re-election this coming week, so much the better, as the response would be more prompt.

I owned a number of three family houses, and this problem is quite common. If the shower drains into a tub, the pipe right under the drain needs to be replaced, based on your description of the problem. It does not sound like one where you just caulk area between the tub and the wall, and the floor. This involves cutting the ceiling in your panty, if the shower drain is right above it, replacing the part from below, and patching the hole up again.

One year, I had three such problems, coming all at once.

If it's a standalone shower stall, then the shower pan may need to be replaced, if not the pipe beneath it, which is a larger project. I'm told pans usually have to be replaced every 20 years or so, and I done a few of these. This is a more involved project as the entire shower may have to be retiled.

Last edited by SChinFChin; 10-31-2009 at 07:54 AM.
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