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  1. #1
    Join Date
    Apr 2011
    Location
    Winter Garden, Orlando
    Posts
    11

    Question Condo Water Leak from Second Floor Unit - Who Pays, Owner or Tenant

    My question involves a condominium located in the State of: Florida

    I woke up today to water dripping down from the upstairs Tennant's bathroom into my bathroom; her toilet overflowed and she was home sleeping un-denounced to me until the police came after 3 hours finally we got a hold of her and she was amazed of the amount of water her toilet was putting out; guess it got clogged and lucky me leaked and caused a large amount of ceiling damage and i am sure the water leaked down into the sides of the 3 walls of the bathroom. Now my question is does the owner or the renter pay for my damages. We just moved in a month ago and have not gotten insurance yet. Ceiling is falling and breaking apart and owner is blaming renter and vice versa; our association says they are not liable since its inside and was her faulty toilet. Mean while i am sure we have several thousand $$$ in damages.

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Condo Water Leak from Second Floor Unit - Who Pays, Owner or Tenant

    Quote Quoting Condo_Commandos
    View Post
    My question involves a condominium located in the State of: Florida

    I woke up today to water dripping down from the upstairs Tennant's bathroom into my bathroom; her toilet overflowed and she was home sleeping un-denounced to me until the police came after 3 hours finally we got a hold of her and she was amazed of the amount of water her toilet was putting out; guess it got clogged and lucky me leaked and caused a large amount of ceiling damage and i am sure the water leaked down into the sides of the 3 walls of the bathroom. Now my question is does the owner or the renter pay for my damages. We just moved in a month ago and have not gotten insurance yet. Ceiling is falling and breaking apart and owner is blaming renter and vice versa; our association says they are not liable since its inside and was her faulty toilet. Mean while i am sure we have several thousand $$$ in damages.
    In this case, under most HOA rules, the HOA is not responsible, as it DID NOT start from within the walls.

    If there is a tenant upstairs, and a landlord, you go after the unit owner, who has the primary liability and should have liability insurance. The LL should've required the tenant to carry renters insurance, in which case the tenant's liability would cover.

    Please go get your insurance right away, as you might not be so lucky next time that someone else's insurance would cover.

  3. #3
    Join Date
    Apr 2011
    Location
    Winter Garden, Orlando
    Posts
    11

    Default Re: Condo Water Leak from Second Floor Unit - Who Pays, Owner or Tenant

    Yeah we will try to do that asap..... Hopefully the owner will comply if not we have to take legal action. Our 2 daughters now wont go to the bathroom cause "the sky is falling"...kinda in a cute way.

  4. #4
    Join Date
    Apr 2011
    Location
    Winter Garden, Orlando
    Posts
    11

    Default Re: Condo Water Leak from Second Floor Unit - Who Pays, Owner or Tenant

    **UPDATE** Owner now decides to have a non licensed "handy-man" come and plug up holes when i filled 2 five gallon buckets up with her sewage from her toilet.......Gonna hand it over to my attorney and the courts; I advised her I will call a company that is licensed she said you have no right to choose since I am paying for it. Of course she wants to take the cheap way out. Even had the nerve to say it will be ok and dry out on its own......... ok rant over i feel better.

    And also has homeowners but refuses to use it; says it doesnt apply since she is paying. How do I find out her homeowners insurance since she refuses to give it to me in the Sate of Florida?

    Hope she pulls her bridges up cause she is in for a ride.

  5. #5
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Condo Water Leak from Second Floor Unit - Who Pays, Owner or Tenant

    You have the right to pick WHO GOES INTO YOUR UNIT TO DO REPAIRS, and from that standpoint, who pays for it does not matter. It is your unit, and you get to pick and choose who you like to hire. Her duty is to pay the damages.

    You're certainly not going to let the "Three Stooges" come to do the repairs just because she's paying for it.

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